Morocco Strengthens Women's Position and Family and Inheritance Rights

The Moroccan government has announced reforms to family and inheritance laws that will benefit women's rights. This action is a response to the demands of the women's movement, which has been calling for these reforms for years. Abdellatif Ouahbi, Morocco's Minister of Justice, announced that proposed reforms to the country's family law are ready; reforms that legal activists say are not guaranteed in the current law. The Minister of Justice of this Islamic country stated that the proposed reforms address issues such as restrictions on marriage below the legal age and women's inheritance rights, and also consider changes to increase women's custody rights. Women's rights advocates in the country have called for full equality in inheritance and child custody and a complete ban on child marriage, but it seems that the new reform bill does not fully respond to these demands. According to statements made by the Minister of Justice at a press conference in Rabat, the capital of this North African country, the legal marriage age will remain 18 years, but the minimum age for 'exceptional' cases, currently set at 15 years, will be raised to 17 years. Additionally, parental guardianship, which was previously automatically granted to fathers, will now be shared between both parents, even in the case of separation. Divorced mothers will no longer lose custody of their children if they remarry. Regarding inheritance rights, under the current law, Moroccan women receive half the share that their brothers receive, but under the proposed reforms, unlimited bequests to female heirs, including minors and those below the legal age, will be allowed. Polygamy, although restricted under the current family law, will still be permitted under the proposed reforms, with the difference that it will be subject to stricter regulations requiring the consent of the wife for her husband to remarry. These new proposed reforms have been presented after two years of consultation with civil society and judicial and religious institutions but still require approval from the Moroccan parliament and the king to be implemented. The Minister of Justice did not specify whether a timeline for implementing these reforms has been set. Meanwhile, the amended text must also pass through legislative processes. Ultimately, King Mohammed VI of Morocco is the one who will make the final decision regarding the new reforms. The preparation of these reforms began at the king's request in 2022, and a committee tasked with drafting and preparing the amendments was formed in September 2023. This committee then submitted its proposals six months later. The Moroccan family law, known as the 'Moudawana,' was enacted in 2004 and was considered progressive at the time; however, women's rights advocates deem this law insufficient. According to the Moroccan constitution, the official religion of the country is Islam, and 99% of its population are Sunni Muslims. This country is one of those that, despite having an Islamic government, has repeatedly made reforms to its laws, including changes to strict abortion laws.