Lhe amendments, presented two weeks ago by the Minister of Justice Abdellatif Ouahbi, propose to set the minimum age for marriage at 18 years for both sexes. An exception could reduce this age to 17 years under certain strict conditions, in order to maintain the integrity of this measure during its application.
In matters of polygamy, the changes aim to introduce the obligation for the husband to consult his wife when documenting the marriage, on the possibility of entering into another marriage. If the wife issues a condition of non-remarriage, this must be respected, thus limiting polygamy.
In the absence of this condition, recourse to polygamy could only be justified by serious reasons, such as sterility or an illness preventing cohabitation, and would have to be evaluated by a judge.
Other proposals include a new framework for the management of property acquired during marriage, thus valuing wives’ domestic work as a contribution to marital wealth.
Regarding child custody, it would be considered a mutual right of both parents during the marriage, and custody would not be affected by the mother’s remarriage.
