On Tuesday, Morocco published proposals to reform its family code. The changes mainly concern marriages of minors and women’s inheritance rights, which according to activists, the current code does not guarantee, AFP reported.
The main reform proposals, which have been put forward after two years of consultation, include revising exemptions for underage marriage and expanding women’s custody and care rights. However, these proposals fall far short of the demands of feminist movements, which have long called for a complete ban on child marriage, a ban on polygamy and equality in inheritance.
Marriage will no longer be from the age of 15
According to the proposal, the legal age for marriage remains set at 18, but exceptions will also be possible, which will be issued by judges for the marriage of minors – in which case it will be possible to enter into marriage from the age of 17 – compared to the current 15 years.
Regarding the custody of the children: until now it was automatically assigned to the father, but according to the proposal of the Ministry of Justice, the spouses should share the custody of the children, even after the divorce. The mother would no longer be in danger of losing her children if she remarried.
On the issue of inheritance for women, who currently inherit half the share the law gives to their male siblings, the reforms offer an alternative by allowing unlimited gifts to heiresses, even minors.
Two years of consultations
The new legislation, which still requires the approval of parliament and the king, comes after two years of consultation with civil society, as well as the judiciary and religious institutions.
Women’s rights advocates in Morocco have demanded full equality in inheritance and custody of children and a total ban on underage marriages, which the new proposals do not meet.
Morocco’s Family Law was passed in 2004 and was considered progressive at the time, although women’s rights defenders saw it as insufficient.