In Morocco, the Family Code is evolving towards “greater recognition of women’s rights”

Even when they remarry, Moroccan women will no longer lose custody of their children. This is one of the major measures announced on December 24 by Abdellatif Ouahbi, Minister of Justice, after the end of consultations where the Superior Council of Ulemas [juristes en droit musulman] gave his legal opinion.

The non-forfeiture of the divorced mother’s custody rights over her children, even in the event of remarriage, is a priori established. “This is a significant change from current practice where remarriage can be grounds for reconsideration of custody. This reform would promote fairness for women by allowing them to rebuild their lives without fear of losing custody of their children. estimates Maha Jawhari, lawyer at the Casablanca bar.

Childcare, a major issue in the reform

In the Moroccan Family Code, “The rules regarding post-divorce child custody are quite strict, particularly with regard to the mother’s remarriage. If a mother remarries, the father can potentially seek custody of the children arguing that remarriage could harm the child’s interests, although this is not automatic and depends on several factors. expliq