The broad lines of the family code were announced by HM King Mohammed VI in his speech before Parliament on October 6, 2003. It is considered by many an observer as a real political and historical revolution  The code establishes new relations at the level of the family based upon equity and equality between husband and wife. The beginnings of the change go back to1999 when the King announced in his speech of August 20, 1999 after his accession to the Throne: “How can we assure progress and prosperity in a society where women, who constitute half of the population, see their rights disregarded and suffer from injustice, violence and marginalization, in defiance of the right of dignity and equity granted to them by our holy religion?”

The new family code, which replaces the former personal status code, was unanimously adopted by the House of Representatives on January 23, 2003. It came into effect on February 4, 2004.

Innovations

The family is henceforth placed under the joint responsibility of the husband and wife, the major girl is no longer in need of a marital tutor to get married, girl’s children, like the son’s, will have the right to inherit from their grandfather, the legal age of marriage of boys and girls has been fixed at 18 years old, repudiation and polygamy have been placed under strict control, the consensual divorce has been established… These are some of the innovations introduced by the family code.

As a matter of fact, the new family code brings other audacious innovations such as a measure which guarantees to the child the right of recognition of paternity if the marriage of his parents is not formalized by an act and if there are filiation proofs.

As far as the husband is concerned, the new code stipulates, by virtue of the principle of equality between wife and husband, that the divorce petition presented by the wife for defective maintenance on behalf of the husband is rejected if it is proved that the woman has the means to earn a living and the husband is in a precarious situation.

With regard to Moroccans living abroad, the marriage procedure has been simplified. Accordingly, it would be enough to establish the marriage certificate in front of two Muslim witnesses in accordance with the procedures in force in host countries, then register it in the Moroccan consular or judicial services.

Other important innovation is the adoption of a modern formulation which eliminates the terms reifying women and degrading them. 

To guarantee good conditions for the implementation of the family code, family courts were created along with jurisdictions qualified materially and at the human and procedure levels, as well as a fund of domestic mutual aid.

Assessment after one year

The first results following the implementation of the family code show, one year after its coming into force, that an evolution has taken place.

According to the Minister of Justice, the courts of the Kingdom have treated 10449 divorce petitions only in 2004 against 37548 in 2003, i.e. a decline ranging from 37 % to 70 % depending on regions. 

The most important decline was registered at the level of the "Khul" divorce (when the wife obtains her release from marriage after accepting to give up the right of nafaka or alimonies) which regressed by 75 %. This decline is due to the institution of the “chiqaq “divorce or the procedure of disunity which allows the woman to obtain divorce without having to supply proofs. Her refuse to go on living with her husband would be sufficient to be granted a divorce. After attempts of reconciliation, the judge shall grant her divorce if he considers that she is convinced of her decision. On the other hand, polygamy declined by 10%, while marriage contracted by girls without a marital tutor reached 18 %. 

Reform of the nationality code

Henceforth, children born to a Moroccan mother and foreign father can be granted the Moroccan nationality. This reform that a large number of Moroccans and their children have been so long waiting for was voiced by HM King Mohammed VI in the Throne day speech of July 30, 2005: " Being concerned with always answering the real preoccupations and justifiable and reasonable aspiration of all citizens - whether they live in the Kingdom or abroad-, We decided, as Commander of the Faithful ( Amir Al-Mouminin), to grant the Moroccan nationality to children born to a Moroccan mother ".

The reform of the nationality code comes to strengthen the family code. It grants to children born to a Moroccan mother the right to live as a full Moroccan and to their mother a feeling of security.

It is a reform that comes within the framework of the conformity of the Moroccan legislation to the various international conventions ratified by Morocco, and in particular, those relating to the rights of children and the elimination of any forms of discrimination against women.

Looking forward to the adoption of the project aiming at reforming the1958 nationality code, the committee in charge of treating the files of those applying for the Moroccan nationality is called to activate its work which has been frozen for eight years. The committee is made up of representatives of the ministries of Justice, Foreign affairs, Interior, Secretary-General of the government and royal cabinet.

Since the adoption of the 1958 nationality code, only 1646 persons have been granted the Moroccan nationality.