More marriage, less divorce attributed to new Moroccan family code
2008-02-15
Morocco issued an updated package of family laws in 2004. In a recent justice ministry study, the law is shown to have had significant impact on the country's social development.
By Sarah Touahri for Magharebia in Rabat – 15/02/08
 [Sarah Touahri] Morocco's Minister of Justice Abdelwahed Radi said the country's family code "maintains balance in the family and encourages reconciliation rather than divorce". Although some women continue to marry young, the ministry said this is a cultural issue that cannot be stamped out overnight by a new law. |
Four years after its introduction, Morocco's family code has received a positive assessment from the justice ministry. At a conference held Monday (February 11th) in Rabat, Minister of Justice Abdelwahed Radi said the family code has brought with it a number of advances, ensuring that both men and women can enjoy their full rights and dignity.
"It maintains balance in the family," Radi said, "and encourages reconciliation rather than divorce."
According to ministry data, the number of marriages increased by 9% in 2007 compared with 2006, reaching 300,000, whilst the number of divorces decreased: 27,900 cases, giving a slight fall of 1.19%. Divorce by mutual consent, one of the new features to be found in the family law, accounted for nearly 30% of cases in 2007. This kind of divorce indicates the willingness to separate on good terms, which is greatly beneficial to families with children.
Changes made under the code have allowed more women to initiate divorce proceedings. As a result, there were 26,547 applications for divorce by women in 2007, compared with 14,181 lodged by men.
According to justice ministry official Ibrahim Lisser, "People have responded well to the introduction of the family law. The measures contained in the text have not been seen as an obstacle. The increased number of marriages proves this."
In fact, reconciliation is one of the core ideas of the family code. It affords couples the opportunity to resolve their problems before advancing to talks of divorce. There were 8,512 documented cases of reconciliation in 2007, which represents a 14.45% increase over 2006 figures.
Another possible effect of the law is that more women are marrying without permission from a guardian. In 2007, 62,162 women arranged their own marriages, which was 3.44% more than in 2006.
Meanwhile, polygamous marriage agreements made up just 0.29% of the total in 2007.
According to women's associations, one serious problem remains – the marriage of minors. The number of such marriages remains high, constituting 10.03% of all marriages.
The family code increased the marrying age of women from 15 to 18 years, but parents may still secure a waiver from a judge. According to the justice ministry, this is a cultural issue that cannot be stamped out overnight by a new law. Instead, the ministry intends to raise public awareness.
Many other measures have been introduced to complement the reforms: family courts have been created, judges have received additional training, and civil registry procedures have been modernised.
Radi said the efforts to modernise family matters will continue. "This assessment proves in a tangible way what great efforts have been put into family law," he said.
"There is a need to improve working conditions in the family justice departments," the minister continued, "in order to promote a higher quality of service, to modernise, and to restore confidence in the justice system."
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BEN Posted 2008-02-16
It is not enough to write a law or, as it may be, improve it. Rather, its enforcement is what needs to be monitored and people need to be trained to take responsibility for this task. No one has even mentioned the opposition to this new code; they are hostile towards any advancement, whatever it may be. There were efforts to explain and teach how about this and they should not have been given up.
cybelle Posted 2008-02-18
With regards to women’s marrying ages, in my opinion, everything has to do with education: the higher the level of women’s education, the later they will marry. But that is a whole other issue. We need to make education accessible to women everywhere, even in the farthest outreaches of the kingdom. And, that requires investment, policy, vision. Morocco has a lot of these things, as is clear with regards to developing other sectors like tourism. Is women’s education, then, not worth it???
Stephen Posted 2008-03-03
I was glad to read the article on family code. Could you kindly send me the details of the Morrocan Family code. Thanks
siham Posted 2008-03-08
the family code is good for all of family
sanae Posted 2008-04-07
Does the daughter of the daughter exceed the third of the heritage with a legacy or will in the family code?
imane Posted 2008-06-01
On the contrary, this law has contributed to an increase in the rate of divorce. Look at the West, they have forbidden divorce only after five years.
سارة Posted 2008-06-03
I am a Moroccan woman, I loved someone via the internet. Honestly, he is a Lebanese living in Dubai… They asked for dissuasive papers… I don’t know why there are all these complications… Let girls marry… Complications in marriage, bad attitude of the employees of the Moroccan embassy… No, Moroccan young people want to marry but authorities hinder our marriage to non-Moroccan Muslims… What is this? Is it an attempt to drive people towards depression or what??? I want a solution and I don't want anyone to tell me to forget about it… Please what are the exact papers I need? I want a solution…
رشيد Posted 2008-07-05
Honestly, I am a young man aged 31. I don’t think of marriage. I know others who don’t think of marriage. The cause is your respectable family law.
محمد من طنطا Posted 2008-07-18
I love a woman from Morocco. She is kind-hearted. We agreed to marry. We also agreed that I would travel to Morocco. However, traveling measures to Morocco are not like Egypt. The Moroccan embassy complicates things for us.
bennani ferdaous Posted 2008-10-06
I am a Moroccan girl. I love a Saudi young man who never married before. We agreed that he will go to talk to his family in Mecca. His father agrees but shocked him when he informed him that it is forbidden for a Saudi to marry a Moroccan woman. But why? Hasn’t Islam said that marriage is based on the agreement of the parties? He is Muslim and I am Muslim. Moreover, I am not like other debauching girls. I am a university graduate and respectable. I don’t want to do something to make God angry. I want to know whether this is right or no. I want to know necessary formalities to be followed and necessary papers to marry.
أحمد Posted 2008-10-21
Unfortunately, the law has made things very complicated. I am from Saudi Arabia and want now to marry a Moroccan woman. But things are very complicated.
skipper Posted 2008-10-21
well; with Lmodawana or without it,i'm not gonna be married
anna Posted 2008-10-30
I am a western woman, I am in love with a moroccan man for the last 3 years. It is so hard to marry and be together because of all the offical documents and red tape,why is it that moroccans cannot travel freely like most of the rest of the world?love has no predjudices,no colour no discrimination, but it has determination.
laila maroc Posted 2008-11-11
This law complicated things instead of solving them. You want us to stay without marriage. I am a married Saudi man. We wanted to marry but we faced problems including the approval. I want a solution please.
dina Posted 2008-11-15
I am a Moroccan girl. I love a Saudi Arabian who has already once been married. How do I go about this? He is Muslim and so am I. I want to know whether it is possible for us to marry or not. I would like to know what formalities are required of us to follow and what papers we need to get married. Help me.
saud Posted 2008-11-19
The new family law was promulgated in 2004 I think… Of course it is clear that Morocco is not different from others. Local officials here and there are putting pressure on men who want to take a second wife, under the pretext “if you fear that you will not do justice between them, then marry only one” and the pretext that “you will not do justice”. Exalted be God, our honourable prophet married nine even if he owned up that he could not do justice (it is affectionate preference which is meant here). The origin of things is allowance. It is a doctrinal rule which can never be changed. The ruler has some specific powers. But if he imposes conditions and bans to make pressure, this cannot be acceptable. By God, in our Arab countries, the citizen needs a licence or royal decree in order to enter the toilet. laila maroc dina, my sisters, for Saudi Arabia, there are many ways but law… (I don’t advise you to do that because there is no law about such matters) or to go to see a prince in the ministry of the interior, begging and humiliation (it is hard but useful) or with money. But you should be careful because there are many swindlers in Morocco. I think that there is no problem if the person is married. In this case, he can try with a lawyer or judge (give him some money) so that he issues for him an order of polygamy. Marriage to an Arab is concluded with bribery, here or there. May God assist you. By the way, if someone wants something illicit (adultery), it is easy and it was not tackled by this family law. Bye.
saud Posted 2008-11-22
Dina, the solution is easy and it is difficult to get an approval from Saudi Arabia. (Either by law, which is a little difficult, or with a mediator, it is easier, or you can offer money, meet a prince in the ministry of the interior, it is just a matter of luck because honestly, law is in the hand of the official). In Morocco, the issue is not difficult (everything can be bought).
Hanifah Posted 2009-02-02
In the West the age for marriage is 16, so why is it 18 in Morocco- This can cause a problem where people have relationships outside of marriage and it is the woman who will be left 'holding the baby'. Islamically puberty is old enough for marriage and I am fed up with so-called Muslim countries following the West-can they not see the devestation caused by the break-down of family values in the West. I am Irish and I became Muslim at age 24, I obviously prefer the true Islamic way as it protects the sanctity of marriage.
يوسف آدم Posted 2009-02-21
I am very grateful to the initiators of the family code. I read it many times but I noticed that if we look at reality, there is a lot of confusion surrounding this code especially in terms of implementation in reality. As an example, someone is submitting a divorce application to the family judge because he is experiencing the worst problems. Although he has explained all this to the judge, the latter “judge” is threatening him of abusive divorce even if he is well aware of clear evidence against “A”, the other side who wants divorce. “A” wishes to push the husband in serious problems and even drive him to prison. She really wants a business divorce. So what is your comment?
بلبل محمد ياسين Posted 2009-02-22
The Moroccan Family Code has tackled the issue of polygamy in a way which is incompatible with the orders of Islam. As it has banned polygamy and limited it with conditions while Islam encouraged polygamy given its benefits for society. God the Almighty said “then marry such women as seem good to you, two and three and four”, God says the truth.
سلام Posted 2009-02-23
A girl who is 18 married a man older than her. He lives abroad. They don't understand each other, she wants to divorce. What are the stipulations of the family code about this?
ليلى Posted 2009-03-03
He also said « but if you fear that you will not do justice between them, then marry only one” I am against the Family law about marriage to a foreigner. Things are very complicated. Our young people endure unemployment, we face the spectre of spinsterhood but our laws are merciless and obstruct the mercy of God as Egyptians say. Every young girl assumes responsibility of her choices. Law has nothing to do with us. We don’t say that we want to marry non-Muslims but just make things easier for us concerning papers and conditions, ouuf! This law doesn’t encourage marriage at all.
لمياء Posted 2009-03-09
Salam alikum. I am a Moroccan girl from the west of Morocco. I was married to a Moroccan man who is older than me. However, we did not have established a marriage contract. There were witnesses to my marriage, we celebrated the wedding. But when I went to establish a deed, no one helped me. Therefore, the man I was married to disappeared. I have been looking for a solution in this new family code for four years. Please, if you know a solution, tell me. I am fed up. I want a solution please.
Salam Posted 2009-03-13
I don't see why human beings invent laws when God already organised our lives, as even Westerners acknowledge. The problem is that each time humans change the law of God and impose their own, it creates an impasse. At present, the whole world is talking about Islamic Finance, and seeing that it is a serious solution to get out of this global crisis. At the end of the Second World War, given the number of dead, the Germans proposed polygamy; recently, English researchers concluded that in order to have a stable family, women must not work and must take care of their children and husbands. Medical researchers found that circumcision appears to reduce the transmission of the AIDS virus, and could help to prevent the spread of the epidemic. Scientists also deduced that fattened animals provide meat of a higher quality that is better for your health. Finally, the Moudawana will complicate family life rather than improve it, God explained to us all via His Prophet(s), we have no need for a new law imposed by mankind.
خالد Posted 2009-03-18
Honestly, this family code is a violation of our tolerant religion. If things go on in this way, corruption will spread out in Morocco, the rate of unmarried women will increase in addtion to the refusal of marriage by men. As to polygamy, it is approved for some and banned for the rest of the nations. Peace and mercy of God be upon you.
Anonymous Posted 2009-03-19
All these comments show a big ignorance of the articles of the family code. The latter did not ban polygamy. However, it limited this right with a condition which ensures non abuse in its use which is the existence of a justification for polygamy and the ability to sustain them.
سارة Posted 2009-03-21
I see that the family code was adopted to secure the rights of women as many of them discover that their husbands have legal relations with other women even without taking the approval of their wives. So I am with the family code with all its conditions.
moutassim Posted 2009-03-30
The new Family Code in Morocco addresses a conscious and developed society which has all rights such as the states of northern Europe and America. But are all Moroccan women cultivated and conscious? No and a thousand no. Illiteracy is corroding the Moroccan society by over 60%. Morocco needs a real code to fight fraud and corruption; a code which values and raises the awareness of the citizen not stir strife in society. God suffices us and he is the best protector.
ilham Posted 2009-03-30
I am a divorced Moroccan woman. I want to marry an Egyptian man but don't know which are the necessary papers. So please help me.
nira Posted 2009-04-08
Could you help us please ? we have a presentation in the same topic
النقابي Posted 2009-04-11
I was happy to read the article about the family law. Is it possible to send me details of the family Moroccan law? Thank you.
سالي Posted 2009-04-12
I am a Moroccan young girl. I love a foreign and Muslim man but the family law made my life impossible. They required many papers, the capacity for marriage is one of the most difficult papers at all. It includes nothing except my name and his name. I want to know what's the objective of this family law??? Who is the respectable person who said that this law was adopted to protect rights of women. I know that rights of women are protected from violence, when she divorces or is widowed she would at least find help from the state as they do in Europe, not prevent her from marrying and say it is protecting her...I began to hate myself for being born in Morocco. If you are concerned about us, we Moroccan women, facilitate your procedures so that we find our life in the wide earth of God. Have mercy on those on earth and God will have mercy on you.
walid Posted 2009-04-21
i am a married muslim lebanese man i want to marry a moroccan girl do i have to divorce my first wife so i can marry the moroccan girl?
sali Posted 2009-04-28
I am asking for urgent help, it is a quasi madness but I wish it and I am in all my mental powers. I want to renounce to my rights as a Moroccan citizen in the family law in order to marry a foreigner. Is there any objection? A Muslim foreign man proposed to marry me. We have prepared all our papers. But the family law requires a certificate of competence for marriage. But in his country Gibraltar, they don’t have the right to issue it. So what can I do and the family law complicates things and suffocates me? So, if the marriage law will exempt me and on the other hand I renounce to my right in the family law, I agree. I don’t want this kind of protection. I just want to marry the person I love. Or is there no place for love in our society??? I want a solution not words without result.
سعيد Posted 2009-05-01
In the name of God, peace and prayer be upon the most honourable messenger. In reality, there is no code except what was instructed in the code of Book and Sunna.
walid Posted 2009-05-11
why no answer to my question?
zoua Posted 2009-05-16
I want to know how much the husband has to give his wife when getting a divorce!?
seastars52 Posted 2009-05-18
Hi- I am new to this website, and I already like it. Stay strong! With regards to the above question on divorce in Algeria, that depends on if there are children or not and if the divorce is in favour of the women and she gets custody of the children. If there are children, he has to leave her the conjugal home or guarantee the rental of an apartment costing approximately 7000 dinars and he has to give 3500 dinars for child support. If there are no children, then that is something altogether different.
اريد تسجلي عقدي الشرعي من يساعدني Posted 2009-05-22
I am with Sali in her request. I wanted to collect all the papers but need the competency certificate but didn't get it from Canada. He is separated for nine months. He didn't get his divorce paper yet and the new code in Morocco. They ask us for the divorce paper or authorization of the first wife. By God help me to record the my marriage contract because I married in the presence of witnesses and their signatures on the marriage contract, the presence of an Imam, reciting Al Fatiha. I got my dowry with the acceptance and approval. I need to register it at the legal court. To whom should I go after God.
ملاك Posted 2009-05-26
A Moroccan woman who wants to marry a married Egyptian man, what are the measures?
عبدالله Posted 2009-05-31
Salam alikum. I don't want to marry because of the family law which doesn't encourage young people in particular to marry. Every young man has his own opinion. Some young people might agree with me. The increase in divorce is caused by this family law. This is true without doubt. Peace, mercy and blessings of God be upon you.
اسماء Posted 18 days ago
I married an Australian national with an Islamic marriage registered in the Australian Islamic Council. How can I have my marriage authenticated in Morocco as my marriage is not registered civilly?
jiji Posted 15 days ago
I'm a girl from Morocco and i'm writing to say something to a person whose name is SAUD . I just want to tell you that you should never put yourself in our prophet's place.If Mohammed "peace be upon him" had married 9 wifes it is because he is a messenger and at that time he wanted to spread islam. Moreover; if you think from the biggining to marry more than one woman you have to tell her before you marry her and then you will see if you will find any woman to marry . That is the reason why i have appreciated the new Moroccan family code .I want to add that i'm proud to know that we still have men who think like our king and i thankful him for such a great job.
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