The Moudawana, or Moroccan Personal Status Code, is a set of laws governing personal status issues, including marriage, divorce, child custody, inheritance, and family relations in Morocco. Playing a central role in regulating the rights and duties of family members, it was first adopted in 1957/58, following Morocco’s independence.
The Moudawana long reflected a traditional and patriarchal vision of society. However, growing criticism over gender inequality and insufficient protection of women’s rights led to a major revision in 2004, spearheaded by King Mohammed VI, who aimed to safeguard women’s rights while respecting Islamic principles.
The 2004 reform introduced key changes: equality between spouses, raising the legal marriage age from 15 to 18, stricter regulation of polygamy, allowing women to file for divorce under specific circumstances, and reforms in child custody and inheritance.
In late 2024, another revision to the Moudawana brought additional reforms: Moroccan women can now be legal guardians of their children (retaining custody even after remarriage), couples can divorce amicably without court intervention, and wives can prohibit polygamy at the time of marriage.
However, the lack of parity in inheritance laws remains a critical issue, mirroring the situation in Tunisia and serving as a significant obstacle to progressive societal evolution in North Africa.
In Tunisia, for instance, former President Beji Caid Essebsi proposed a historic reform in 2018 to establish gender equality in inheritance. This initiative was part of his broader project to modernize women’s rights and aligned with Tunisia’s progressive legacy in gender equality. Yet, discussions around these legislative proposals remain unresolved.
The fight for more progressive North African societies is far from over, but the efforts made in our time are far from insignificant.
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