IIt is therefore pleasing to see that the reform of the Family Code is beginning a real turning point, particularly on two sensitive subjects: the legal age of marriage and polygamy. But is this enough to put an end to the excesses of the past?
Setting the minimum age for marriage at 18 seems obvious in a world where education and autonomy should take precedence over marital precocity. However, the maintenance of an exception for young people aged 17, although strictly regulated, raises questions. In a country where legal interpretations can sometimes flirt with the art of contortionism, one might wonder what “strict” actually means.
The Minister of Justice, Abdellatif Ouahbi, nevertheless assures that this exemption will be the prerogative of exceptional cases and not a simple administrative formality. But let’s remember: the exception at 16, formerly introduced for “rare cases”, resulted in 12,940 child marriages in 2022.
An exception which overshadowed the rule, judges transforming it into a banality to endorse early marriages in the name of unclear circumstances. A bad national habit, shall we say.
This new reform intends to put an end to these practices and refocus the law on its essence: protecting young girls against choices imposed by adults. And this, so that the exception finally finds its place: that of a rare measure and not of a disguised privilege.
As Mr Abdelhakim El Kadiri Boutchich, judge at the International Court for Dispute Resolution (Incodir) in London, points out, “setting a minimum age of 17 for the marriage of minors is an important step towards the protection of young people. However, strict criteria and rigorous judicial controls are necessary to prevent abuse.
Clearly, it is not a question of signing with your eyes closed, but of showing increased vigilance.
Polygamy: the doors are closing
Let’s now move on to a subject that sparks much debate: polygamy. Morocco does not abolish it, but it imposes a serious dry regime on it. From now on, a potential husband will have to agree with his first wife whether or not to take a second wife. A legally binding clause, which binds Mr. by his promise.
And for those who hope to circumvent this condition, the law reserves a path strewn with pitfalls. Polygamy will in fact only be possible in specific cases, such as infertility or an illness preventing marital relations. The judge, with a high sense of objectivity, must still give the green light.
So it’s a “yes, but…” which sounds like a “no, unless there’s a miracle”. Here again, Me El Kadiri Boutchich insists on the need for awareness and education. “Including an explicit clause in the marriage contract to refuse polygamy can strengthen the informed consent of the spouses. This measure must be accompanied by cultural and educational awareness campaigns,” he emphasizes.
Thus, each marriage would become a negotiation, a bit like a commercial contract. With one fundamental difference: in the office, we negotiate margins; at home, loyalty is negotiated. However, this compromise has raised criticism, with some pointing to the intrusive nature of the required medical examinations.
Ultimately, what does this reform tell us? May these legislative advances bear witness to a Morocco which seeks to reconcile its attachment to traditions with its ambition for modernity, but which still remains caught in the net of patriarchy, this old sage that some revere and others hate.
But let’s not be fooled: the revision of the Family Code, although inspiring, reflects a reluctance to break taboos anchored in our culture. Because in Morocco, each reform affecting the family is a minefield. It’s about satisfying progressives without offending conservatives, modernizing without denying traditions. And that is the whole art of this reform: moving forward, but without rushing. Simply because mentalities evolve less quickly than laws, and cultural and religious resistance slows down more daring development.
In fact, it is not the signing of a text which will prevent some from continuing to divert the exception to make it an unofficial rule.
But there is a glimmer of hope. By strengthening women’s rights in the marriage contract and establishing strict conditions for polygamy, this reform opens a door to a more egalitarian society. It’s not yet a revolution, but it’s an awakening. Slow, sure, but palpable.
Real change will come with education and community awareness. It’s a bit like cooking a tagine: it will take time and patience for this societal evolution to be fully integrated.
F. Ouriaghli
