In the process of evolving, the family code is “already” giving rise to fierce debates within circles of women’s rights defenders. While some proposals are widely praised, others lack clarity, some voices fulminate, among others: the Feminine Coordination for Global and Deep Change of the Family Code. The latter, bringing together several feminist associations, pleads for an ambitious and inclusive revision of this key legal text.
Bringing together more than 33 women’s and human rights associations across the country, this coalition closely followed all stages of the consultation process initiated by the government and the commission responsible for revising the Family Code.
From the appointment of the commission to the presentation of its proposals to the Head of Government in March 2024, including the request for advice from the Superior Council of Ulemas and the press release from the Royal Cabinet in December 2024, the Coordination has been a active and vigilant actor. This press release notably called for the creation of a clear and fair legal framework, avoiding subjective interpretations and promoting an effort of legal innovation to resolve social and family problems.
The Coordination welcomed several advances included in the proposals presented by the commission, in particular:
- The removal of the condition of two Muslim witnesses for Moroccans residing abroad;
- The establishment of frameworks for the sharing of common property between spouses;
- The creation of an independent mediation and conciliation mechanism;
- Recognition of domestic care work in the assessment of women’s contribution to family wealth;
- Granting the mother legal guardianship over her children and the right to remarry without losing custody of her children.
However, this progress remains, according to the Coordination, insufficient to bring about a real transformation. The main demands, such as the end of polygamy, the abolition of ta’sib » (inheritance by male agnates) and the recognition of the rights of children born out of wedlock, have not been fully taken into account.
Despite the progress, the Coordination deplores that the philosophy of the Family Code remains based on the principle of “ qiwâma“, assigning the man a role as head of the family based on his position as the main financial earner. An economic and social reality which no longer reflects the diversity of Moroccan families today. “This logic perpetuates an unjust hierarchy and maintains male privileges to the detriment of women’s fundamental rights.”, according to the coordination.
Thus, the Women’s Coordination has identified several gaps in the current proposals:
- The absence of reform of the inheritance systemwith the maintenance of “ta’sib”, which deprives many girls of their rights in terms of fair inheritance;
- Maintaining polygamyeven if its authorization is subject to exceptional conditions;
- Refusal to use genetic expertise to establish parentage, which harms the rights of children born out of wedlock;
- The persistence of underage marriagedespite statistics showing a late average age of marriage;
- Limiting women’s contributions to family wealth domestic work, ignoring their direct or indirect financial participation.
For the Coordination, the current project to revise the Family Code must be a historic opportunity to guarantee Moroccan women a dignified and egalitarian life. She calls on all human rights defenders to be actively involved in the public debate and the legislative process in order to shape a Code that meets the aspirations of Moroccan families.
« It is imperative to develop a law free from discrimination, guaranteeing justice and equality for all members of the family », insists the Coordination. She also recalls that this legislative project must not only respect Morocco’s international commitments, but also respond to the profound transformations of Moroccan society and its aspirations for a fairer future.
