3 - Women’s Rights in the Moroccan Family Code

Summary

This chapter examines the 2004 Moroccan Family Code governing marriage, divorce, marital property, child custody guardianship, and parentage. The enactment process, which included a multi-stakeholder Royal Commission and Parliamentary debate, and was marked by unprecedented public mobilization for and against reforms, marked a break with the previous Personal Status Code. Multiple references in the law to international human rights standards, positive law, and religious precepts create a certain legal schizophrenia and inconsistent decisions across jurisdictions. While substantial reforms were made on the face of the law, in particular to provisions regarding marriage, substantial inequality and discrimination persist, particularly in unequal access to divorce for women, financial relationships between spouses, and child custody and guardianship. International human rights bodies and local activists alike have highlighted the need for further revisions to the Family Code to abolish remaining inequality. Since 2011, Morocco has been led by an Islamist-majority governmental coalition opposed to further Family Code reform, raising questions about the relationship between democracy and women’s rights.