Mudawana - Major Provisions of The Updated Code

Major Provisions of The Updated Code

1. Both spouses share responsibility for the family; “women are men’s sisters before the law.”
2. Once a woman comes of age, she does not need a marital tutor (a male relative, usually the father who speaks on her behalf). Women cannot be married against their will, though if they wish to designate a male relative to act as their marital tutor, they may.
3. The minimum age for men and women to be married is 18 unless specified by a judge; in addition, boys and girls under custody may choose their custodian once they reach the age of 15.
4. A man may only take a second wife if a judge authorizes it, and only if there is an exceptional and objective justification for it, the first wife consents, and the man has sufficient resources to support the two families and guarantee all maintenance rights, accommodation and equality in all aspects of life. Moreover, a woman can stipulate in her marriage contract that her husband may not take a second wife, and a first wife must consent to the second. The first wife may also petition for divorce if the husband takes another wife.
5. Moroccans living abroad may complete a marriage contract by drawing it up in the presence of two Muslim witnesses, according to the local laws, and registering it with local Moroccan consular or judicial authorities.
6. The right to petition for divorce belongs to both men and women, though procedures for reconciliation and mediation are encouraged. A man may not repudiate his wife without the permission of a judge, and she and her children must be accorded their full rights under the law. Divorce proceedings take place in a secular court, rather than before a religious official. (See Islamic marital jurisprudence).
7. If a man does not fulfill his obligations according to the marriage contract, or causes his wife harm such as abandonment or violence, she has the right to file for divorce; the new law also provides for divorce in situations of mutual consent.
8. Children’s rights are protected according to the international conventions Morocco has signed. Priority in terms of child custody goes first to the mother, then the father, then the maternal grandmother, or to whomever a judge deems the most qualified relative. Children in custody must be given “suitable accommodation,” the terms of which must be settled within a month of any dispute. The parent who gains custody of the child keeps the house.
9. Children born outside of wedlock have the right to the acknowledgment of paternity.
10. A man’s daughter’s children as well as his son’s children have the right to inherit property.
11. A married couple may negotiate an agreement separate from the marriage contract regarding the management of assets they acquire while married (this does not negate the principle of separate marital property)