\n
A scene during the meeting<\/strong><\/p>\n\u00a0<\/p>\n
In line with the High Royal Instructions during the working meeting chaired by His Majesty King Mohammed VI, on Monday at the Royal Palace in Casablanca, dedicated to the issue of revising the Family Code, a communication meeting was held, on Tuesday in Rabat, to present the main content of the Family Code revision propositions.<\/p>\n
On this occasion, Head of government, Aziz Akhannouch, stressed that this communication meeting with the representatives of national and international media was in application of the High Instructions of His Majesty King Mohammed VI, contained in the statement by the Royal Office published on Monday, with a view to informing them and, through them, keeping public opinion informed of the content of the main amendments proposed for a substantial revision of the Family Code.<\/p>\n
Mr. Akhannouch added that the King has given His High Instructions and clear-sighted guidelines concerning the principles and aims that should guide the revision of the Family Code, assuring that the Sovereign\u2019s expectations in this area would be realized as soon as possible, in the context of the draft revision, with a view to submitting it to Parliament for adoption.<\/p>\n
The meeting was marked by speeches from Justice Minister Abdellatif Ouahbi, who outlined the achievements made in revising the Family Code, as well as the Minister of Endowments and Islamic Affairs, Ahmed Toufiq, and the Minister of Solidarity, Social Integration and Family, Naima Ben Yahia.<\/p>\n
On this occasion, Mr. Ouahbi specified that this communication meeting took place within the framework of the High Royal Instructions and His Majesty the King\u2019s desire to continuously ensure the transparency of the Family Code revision process and to guarantee wider communication on the matter.<\/p>\n
The minister noted that His Majesty the King defined, in his letter to the Head of Government, the methodology of the reform, its areas, and its objectives, and entrusted the supervision of the collective consultation and listening process to an institutional body with a diverse structure, composed of members from the executive and judicial powers, the Supreme Council of Ulemas, and an independent constitutional body responsible for human rights.<\/p>\n
He also recalled that the wide consultations and listening sessions organized by the body were supported by all segments of political and civil societies, as well as by scholars, ulemas, and academics, who presented a strong range of proposals, expressing their vision of the Moroccan family, its foundations, resilience, and their concern for safeguarding the superior interests of children, strengthening the position of women, and working towards achieving equality with men, in line with the Constitution and the Kingdom\u2019s constants.<\/p>\n
After completing its mission, the body presented to His Majesty the King a report on its activities in two volumes; the first of which concerns \u201cproposals related to the Family Code\u201d and the second contains \u201cgeneral proposals,\u201d which are not directly linked to the text of the Code but are essential for its optimal implementation.<\/p>\n
In numbers, the body presented 139 amendment proposals across the seven books of the Code.<\/p>\n
According to Mr. Ouahbi, the revision of the Family Code aims to address certain gaps and dysfunctions observed during its judicial application, adapt its provisions to the evolution and dynamics of Moroccan society, meet the requirements of sustainable development, and align it with recent legislative developments, particularly international conventions ratified by the country.<\/p>\n
As a result, \u201cwe are now facing a substantial revision of the Family Code, which responds to the principles and frameworks defined in the Royal Letter, in accordance with the rules and guidelines it established to develop a new version of the Family Code, capable of accompanying today\u2019s Morocco and the social changes it is undergoing, while scrupulously ensuring that its provisions strengthen the position of women and their rights, protect the rights of children, and preserve the dignity of men,\u201d he said.<\/p>\n
Among the points adopted based on the proposals of the body and the opinion of the Supreme Council of Ulemas, the minister particularly mentioned the following:<\/p>\n
\u2013 The possibility of documenting engagements and the consideration of the marriage certificate as the sole proof of marriage as a general rule, while establishing exceptional cases for admitting the action of recognizing marriage, as well as strengthening guarantees for the marriage of persons with disabilities by revising the formal and administrative procedures required for establishing the marriage certificate.<\/p>\n
\u2013 The possibility for Moroccans living abroad to register their marriage without the presence of two Muslim witnesses if deemed impossible.<\/p>\n
\u2013 The legal capacity for marriage is acquired at the age of 18 years old (as per the Gregorian calendar), with an exception whereby the legal majority is set at 17 years old, subject to a series of conditions that practically keep it within the \u201cexception\u201d circle.<\/p>\n
\u2013 The obligation to obtain the wife\u2019s opinion during the documentation of the marriage certificate regarding whether the husband commits to renouncing polygamy or not, and to mention this in the certificate. If the condition to renounce polygamy is imposed, the spouse does not have the right thereto to honor this condition. Without this condition, the \u201cexceptional objective justification\u201d for polygamy is limited to cases of infertility of the first wife or illness that prevents marital relations, or other cases left to the judge\u2019s discretion based on well-defined legal criteria deemed equally objective and exceptional.<\/p>\n
\u2013 The creation of a non-judicial body for reconciliation and mediation, whose intervention is initially requested outside of consensual divorce cases, limiting its mission to attempting reconciliation between the spouses and finding common ground regarding the effects of divorce.<\/p>\n
\u2013 Consensual divorce will be subject to direct contract between the two spouses without the need for judicial intervention, reducing the types of divorce and repudiation, as the divorce by discord encompasses most cases, and setting a maximum period of six (6) months to resolve divorce and repudiation cases.<\/p>\n
\u2013 A new framework for managing assets acquired during the marital relationship, valuing the wife\u2019s work within the household as a contribution to the development of assets acquired during the marriage.<\/p>\n
\u2013 The adoption of modern electronic means for notifications in divorce and repudiation cases, with the acceptance of proxy in these cases, except during the reconciliation and mediation period.<\/p>\n
\u2013 Considering child custody as a shared right between both spouses during the marriage, with the possibility of extending it, if agreed, after the breakdown of the relationship, and strengthening the child\u2019s right to housing under guardianship, in addition to establishing new rules governing the child\u2019s visitation or relocation.<\/p>\n
\u2013 The preservation of the divorced mother\u2019s right to custody of her children, even in case of remarriage.<\/p>\n
\u2013 The establishment of reference standards for estimating Nafaqa (alimony and child support), along with procedural mechanisms to expedite the notification and execution of corresponding judgments.<\/p>\n
\u2013 Making \u201clegal representation\u201d common to both spouses during and after the dissolution of the marriage. In cases where there is no agreement between the spouses on the matter, the family judge will intervene to resolve the dispute within the criteria and objectives defined by law.<\/p>\n
\u2013 The determination of the legal procedures the court must follow to grant emancipation to a minor, strengthen the legal protection of their assets, and subject the actions of their legal, testamentary, or appointed guardians to judicial control.<\/p>\n
\u2013 The right of the husband or wife to retain the marital home in the event of the spouse\u2019s death, under the conditions set by law.<\/p>\n
\u2013 Tthe adoption of the proposal from the Supreme Council of Ulemas regarding the \u201cinheritance of daughters,\u201d recommending that anyone may, during their lifetime, donate part of their assets to heirs, replacing derivative possession with actual possession.<\/p>\n
\u2013 Opening the possibility of wills (Wassiya) and donations (Hiba) for both spouses in the case of differing religions.<\/p>\n
Mr. Ouahbi also noted that since this is a profound revision of the Family Code, a formulation will be adopted with modern expressions, replacing certain terms that have become obsolete in our legal and judicial system.
As for the general proposals aimed at supporting this reform, the minister explained that they mainly involve:
\u2013 Mobilizing qualified and sufficient human resources, including judges and executives, to manage family matters, while providing them with continuous specialized training.
\u2013 Reviewing procedures and measures related to family law, while establishing a practical guide and reference for the Family Code.
\u2013 Facilitating access to family justice by creating a \u201cone-stop shop\u201d in family courts.
\u2013 Raising awareness among future spouses about the rights and obligations derived from marriage, while adopting a public policy to support this issue.
\u2013 Studying the possibility of creating a national registry to register marriage and divorce certificates.
Ouahbi also emphasized that, in supervising all stages of this reform, His Majesty the King ensured it was imbued with the virtues of participation and ownership, establishing a constructive framework that integrates the contributions of all, each from their own position, to promote the objectives of renewal, development, and Ijtihad, as expressed by the Family Code during its drafting in 2004 and the favorable response it generated both nationally and internationally.<\/p>\n
This underscores the distinguished character of the reform methodology adopted by the Kingdom, based on consistency, gradualism, capitalization, and moderation of its religious reference framework, as well as the capacity of Ijtihad tools to reconcile the objectives of Sharia with the progress made in terms of rights and freedoms.<\/p>\n
Thus, the minister concluded, the High Instructions of His Majesty the King, addressed to the Head of Government and the ministers involved in the revision of the Family Code, emphasized in the Royal Office\u2019s statement the need for this spirit to continue in the project\u2019s drafting, its debate, and its approval by Parliament, with the goal of adopting a new version of the Code that capitalizes on the achievements of the previous version, supports them, and revises its dysfunctional points.<\/p>\n
The common goal is to achieve family equality and balance and enshrine the principles of justice, equity, solidarity, and cohesion, with the support of all and the recognized spirit of patriotism, to contribute a new stone to the consolidation of the rule of law and the building of a democratic society, led with will and determination by His Majesty King Mohammed VI.<\/p>\n
The meeting was attended by the Speaker of the House of Representatives, Rachid Talbi Alami, the Speaker of the House of Councillors, Mohamed Ould Errachid, the President delegate of the Supreme Council of the Judicial Power, Mohamed Abdennabaoui, and the King\u2019s Public Prosecutor at the Court of Cassation, El Hassan Daki.<\/p>\n
\n\t<\/div>\n","protected":false},"excerpt":{"rendered":"
A scene during the meeting \u00a0 In line with the High Royal Instructions during the working meeting chaired by His Majesty King Mohammed VI, on Monday at the Royal Palace in Casablanca, dedicated to the issue of revising the Family Code, a communication meeting was held, on Tuesday in Rabat, to present the main content […]<\/p>\n","protected":false},"author":1,"featured_media":270835,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-270834","post","type-post","status-publish","format-standard","has-post-thumbnail","category-local-news"],"yoast_head":"\n
Morocco\u2019s Family Code Revision: Propositions Presented in Communication Meeting - Ghanamma.com<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.ghanamma.com\/2024\/12\/26\/moroccos-family-code-revision-propositions-presented-in-communication-meeting\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Morocco\u2019s Family Code Revision: Propositions Presented in Communication Meeting - Ghanamma.com\" \/>\n<meta property=\"og:description\" content=\"A scene during the meeting \u00a0 In line with the High Royal Instructions during the working meeting chaired by His Majesty King Mohammed VI, on Monday at the Royal Palace in Casablanca, dedicated to the issue of revising the Family Code, a communication meeting was held, on Tuesday in Rabat, to present the main content […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.ghanamma.com\/2024\/12\/26\/moroccos-family-code-revision-propositions-presented-in-communication-meeting\/\" \/>\n<meta property=\"og:site_name\" content=\"Ghanamma.com\" \/>\n<meta property=\"article:published_time\" content=\"2024-12-26T09:52:42+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/www.ghanamma.com\/2024\/wp-content\/uploads\/2024\/12\/IMG-20241226-WA0002.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"707\" \/>\n\t<meta property=\"og:image:height\" content=\"420\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Ghana News\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Ghana News\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"9 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.ghanamma.com\\\/2024\\\/12\\\/26\\\/moroccos-family-code-revision-propositions-presented-in-communication-meeting\\\/#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.ghanamma.com\\\/2024\\\/12\\\/26\\\/moroccos-family-code-revision-propositions-presented-in-communication-meeting\\\/\"},\"author\":{\"name\":\"Ghana News\",\"@id\":\"https:\\\/\\\/www.ghanamma.com\\\/2024\\\/#\\\/schema\\\/person\\\/c70749f3edfbfcd92d45e933f0fe10b5\"},\"headline\":\"Morocco\u2019s Family Code Revision: Propositions Presented in Communication Meeting\",\"datePublished\":\"2024-12-26T09:52:42+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.ghanamma.com\\\/2024\\\/12\\\/26\\\/moroccos-family-code-revision-propositions-presented-in-communication-meeting\\\/\"},\"wordCount\":1752,\"commentCount\":0,\"image\":{\"@id\":\"https:\\\/\\\/www.ghanamma.com\\\/2024\\\/12\\\/26\\\/moroccos-family-code-revision-propositions-presented-in-communication-meeting\\\/#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/www.ghanamma.com\\\/2024\\\/wp-content\\\/uploads\\\/2024\\\/12\\\/IMG-20241226-WA0002.jpg\",\"articleSection\":[\"Local News\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/www.ghanamma.com\\\/2024\\\/12\\\/26\\\/moroccos-family-code-revision-propositions-presented-in-communication-meeting\\\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.ghanamma.com\\\/2024\\\/12\\\/26\\\/moroccos-family-code-revision-propositions-presented-in-communication-meeting\\\/\",\"url\":\"https:\\\/\\\/www.ghanamma.com\\\/2024\\\/12\\\/26\\\/moroccos-family-code-revision-propositions-presented-in-communication-meeting\\\/\",\"name\":\"Morocco\u2019s Family Code Revision: Propositions Presented in Communication Meeting - 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