“The debate that accompanied the Moudawana is completely normal and healthy. What is unacceptable, however, is fake news,” insisted Mohamed Abdelouahab Rafiqui from the outset. Since the Moudawana reform project was announced, numerous rumors have been circulating, fueled by certain influencers as well as political figures. “What is dangerous is that certain politicians insist on spreading this fake news in bad faith or for ulterior purposes,” laments Mr. Rafiqui.
2. Marriage and child custody legal age at 18
This new reform of the Moudawana reaffirms the rule of 18 years as the minimum age for marriage. The idea, explains Mr. Rafiqui, “is to restrict exemptions as much as possible to authorize marriage from the age of 17. We do not want a simple administrative formality: the judge must rigorously assess the real interests of the young people concerned. In this sense, the government intends to close the doors that were sometimes opened by overly flexible, even lax, practices, where the slightest family request resulted in a systematic agreement from the judge.
Maintenance of custody for the mother in the event of remarriage
Another point eagerly awaited by associations defending women’s rights and which has been the subject of a lot of fake news: childcare. Because, today, the mother who remarries automatically loses this right. “Numerous studies, however, show that children often do better with their mother, even when she starts a new life,” observes the advisor. The new Moudawana therefore intends to break with the idea that a remarried woman would necessarily be less available for her children. “It is less a question of gender equality than a concern for the best interests of the child. For him, the maternal bond is essential,” he insists. In addition, the State wishes to codify a practice already observed in certain courts, where judges, faced with delicate situations, maintained custody for the benefit of the remarried mother.
3. Inheritance and Taasib
The debate on inheritance has crystallized tensions. While many voices are calling for the abandonment of the principle of “Taasib” – which favors male heirs in several configurations – the Council of Ulemas has expressed a total refusal to touch this principle, a position considered definitive within the framework of Islamic law. “The feminist associations are disappointed, and I understand their disappointment,” recognizes Mohamed Abdelouahab Rafiqui. However, he emphasizes, the Council also pointed out several shortcomings and proposed solutions to avoid dramatic situations for the woman and children after the death of the father. Thus, the family home could be spared from sharing the inheritance, allowing the widow and her children to reside there until her death or marriage. “Many women found themselves thrown into the street after the death of the husband, says Mr. Rafiqui. We had to act!” In addition, the law would facilitate donations (subject to only 5% fees) in favor of girls, even without gaining full ownership of the property. “It’s a way of compensating for the formal inequality of Taasib. We protect the rights of girls and, in fact, family cohesion.” While the speaker admits that this does not completely resolve the issue of parity in inheritance, he sees it as “an essential safety net for many families”.
4- DNA and parentage
Each year, between 8,000 and 10,000 children are born out of wedlock in Morocco, according to certain estimates and around 2,000 single mothers find themselves in great precariousness. In this context, the recognition of parentage through DNA is debated. “How, in 2025, can we refuse scientific proof to establish a relationship?” asks Mr. Rafiqui. He recalls that Islam is not opposed to science, on the contrary: “Islam is the religion of knowledge and DNA is a major advance that cannot be brushed aside.” However, the advisor believes that the decision taken by the Council of Ulemas to reject the use of DNA tests to establish the filiation of children born out of wedlock remains a measured approach. DNA could be used to prove biological paternity, in order to force the father to assume civil responsibility (pension and monitoring of the child). On the other hand, it would not be a question, initially, of granting this child born out of wedlock the same rights in terms of inheritance as a legitimate child. “The child is the victim of adults,” he insists. We cannot let it grow without financial support or minimal recognition.”
5. Legal guardianship and economic recognition
Providing legal guardianship for women, which would allow them to carry out a certain number of administrative procedures for their children, without the father’s approval, is among the most anticipated and most significant points of this reform. “Before, recalls Mr. Rafiqui, a mother could not travel or even transfer her son from one school to another without going through paternal authority.” This would be a major step forward for mothers, but also for the Moroccan family, believes Mr. Rafiqui. The government also wants to put in place mechanisms to recognize the economic contribution of housewives, whether or not they carry out a professional activity outside the home. If the exact modalities remain to be defined, the stated objective is to promote domestic tasks and invisible work often carried out by mothers and wives, “a measure which does not even exist in more advanced countries in terms of women’s rights », Estimates the guest of L’Info en Face. The latter also argues that “the reform of the Family Code is not a war between the sexes”. Men have long benefited from privilege and correcting historical inequalities is in no way an attack against them.” And to remember that in Moroccan society, everyone has a mother, a sister, a daughter: improving women’s rights is, ultimately, advancing the entire family. Mr. Rafiqui, however, emphasizes that society remains patriarchal: “we are far from total equality, we must not hide our faces.”
6. A still long legislative process
The future Moudawana is based on 139 reform proposals. Each of them must still be translated into articles of law. “The Ministry of Justice is just starting to draft the text,” explains Mohamed Abdelouahab Rafiqui. Allow at least six months, maybe more, before you have a finished version.” During this time, civil society, NGOs and political parties will have the opportunity to make their demands heard. He thus hopes that the public debate, if it remains constructive, will be able to favorably influence decision-makers.
7. So what?
At this stage, it is therefore premature to predict the exact outcome of this reform, as the Moudawana touches on multiple sensitivities: religious, cultural, political and economic. “No one wants to ignore tradition,” acknowledges the advisor, “but we must bring it into line with today’s realities. Families have changed, mentalities too.” As for fears of seeing an imbalance set in to the disadvantage of men, Mohamed Abdelouahab Rafiqui says he is aware of this, while recalling that “the texts must tend towards more social justice and protection of the most vulnerable, in particular women and children”. The Family Code, which is therefore a text in full development, already arouses controversy and hopes, but it will still have to go through several stages before its final adoption. “We must focus on consultation and informed debate to finally achieve a fairer and more protective Moudawana,” concludes Mohamed Abdelouahab Rafiqui.
