8 févr. Une décennie après son adoption par le Parlement marocain, le nouveau Code de la famille (Moudawana) a consacré l’égalité entre les. This unofficial English translation of the Moroccan Family Law (Moudawana ) was prepared by a team of English and Arabic speaking lawyers and a. la moudawana marocaine pdf. Quote. Postby Just» Tue Aug 28, am. Looking for la moudawana marocaine pdf. Will be grateful for any help! Top.
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A literal translation was privileged rather than attempts to clarify, explain or interpret the intention of the legislator. We hope this translation will be useful to researchers, NGOs and public authorities interested in family law and al rights of women in Morocco.
Translation copyright by Global Rights. Preamble General Provisions Book 1: Of Marriage Title 1: Of Engagement and Marriage Title marocanie Of Capacity and Tutelage in Marriage Title 3: Of Marriage Impediments Title 4: Of Marriage Categories and Provisions Title 6: General Provisions Title 2: Of Death and Anullment Title 3: Of Repudiation Title 4: Of Divorce Title 5: Of Divorce and Repudiation Categories Title 7: Of Divorce Certification Procedures and Content.
Of Birth and its Effects Title 1: Of Filiation and Paternity Title 2: Of Custody Title 3: Of Legal Capacity and Representation Title 1: On the basis of the Constitution, notably Chapters 26 and 58, We issued our Sherifyan Order moudaqana the following:. Since acceding to the throne of his noble ancestors, Moudqwana Majesty King Mohamed VI, our Chief Commander of the Faithful, may God protect him, has made the promotion of human rights a priority which lies at the very heart of the modernist democratic social project of which His Majesty is a leader.
As a result, Moroccan women occupy more prominent positions that have enabled them to participate actively in different areas of public life. King Mohamed VI, may God glorify him, has, since acceding to the throne and assuming the great responsibility of ruling over the Believers, followed the path of wisdom and insight to realize such a noble objective, and to this end al an advisory Royal Commission constituted of the finest experts and religious scholars, men and women from a diversity of profiles and fields, to marocane a fundamental review of the Personal Status Code.
This code further stipulates that human and citizenship rights are mafocaine to all Moroccans, women and men equally, in respect of the holy divine religious references.
The Parliament, with its two Houses, is proud of the wisdom, insight, responsibility and realism that King Mohamed VI, may God glorify him, has made predominant throughout the entire preparatory process of this social human rights document, and proudly values the distinguished historical transition that this Family Code represents, given that it is a legal text constitutive of the modern democratic society.
The Parliament further emphasizes the mobilization of all its Members behind the Commander of the Faithful to provide all the means and texts to permit the establishment of an integrated and harmonious legislative apparatus, which will serve to consolidate the family and enhance the joining of forces in society. Those orientations will be adopted by the Parliament as the best preamble for the Family Code, particularly what was included in the sovereign Royal speech, as the King, may God support him said: Adopt a modern form of wording and remove degrading and debasing terms for women.
Entitle the woman who has come of age to tutelage as a right, and she may exercise it according to her choice and interests, on the basis of an interpretation of a holy verse stipulating that a woman cannot be compelled to marry against her will: Equality between women and men with respect to the minimum age for marriage, which is now fixed at eighteen years for both, in accordance with certain provisions of the Malekite School, and authorize the judge to reduce this age only in justified cases, and further, equality between girls and boys under custody who may choose their custodian at the age of fifteen.
Concerning polygamy, we took into consideration the commitment to the tolerant principles of Islam in establishing justice, which the Almighty requires for polygamy to take place, as it is plainly stated in the Holy Koran: From thence, polygamy shall be allowed only in the following circumstances and according to the following legal conditions: Moreover, the first wife has the right to petition for divorce for harm suffered.
Une nouvelle réforme de la Moudawana à l’horizon?
As a token of our royal concern for our dear subjects residing abroad, marriage procedures are to be simplified for them: If the husband has the right of repudiation, the wife may also avail herself of this right through tamleek assignation. In all maroacine, before repudiation may be authorized it must be ascertained that the repudiated woman has received all of her vested rights.
A new procedure for repudiation has been established that requires judicial permission, and the repudiation can not be registered until all vested rights owed to the wife and children have been paid in full by the husband. Irregular pronouncements of repudiation by the husband shall not be considered valid. Another maocaine provision introduces of the right of divorce by moudawaana consent under judicial supervision. Should this prove impossible, the judge will entrust custody to the most qualified relative.
Furthermore, the child under custody is guaranteed suitable accommodation, separate from the other financial maintenance obligations, and cases concerning maintenance obligations must be settled swiftly within a one-month time limit. Concerning the management of property acquired by the two spouses during marriage: The reforms, of which we cited the most important, should not be considered as a victory of one group over another, but rather constitute achievements for all Moroccans, and we took care to ensure that they were consistent with the following principles and references: Would any one of you agree to throw his family, wife and children out of the home into the street, or for his daughter or sister to be treated unjustly?
As the King of all Moroccans, we do not legislate for specific groups or categories of people, rather we epitomize the general will of the nation, which we consider as our extended family. To protect the rights of our faithful subjects of Jewish faith, we have emphasized in the new Family Code that they shall be governed by the provisions of the Hebraic Moroccan Family Law.
Whereas the Moudawana was enacted before the creation of the Parliament, and amended in during a transitional constitutional period by virtue of Sherifyan Dahirs Royal Edictswe have esteemed it perspicacious to present the Family Code bill to the Parliament for the first time in view of its implications for civil law, noting that its religious legal provisions fall within the competence of the Commander of the Faithful.
These provisions should not be considered as exhaustive or approached in a narrow-minded way, but rather should be approached realistically and insightfully, because this constitutes an ijtihad juridical reasoning effort suitable for contemporary Morocco and our openness to development which we are determined to integrate wisely and progressively.
In this letter, we explained that whatever reforms the Moudawana may contain, its implementation hinges on the creation of a fair, modern and effective family justice system — particularly since it became clear from the application of the present Moudawana that the inadequacies and flaws it contains are not simply due to its clauses, but rather are the consequences of the absence of a qualified family justice system in terms of logistics, human resources and procedures — to fulfil all conditions of justice and equity, accelerate the resolution of cases and promptly enforce judgements.
We further ordered him to accelerate the establishment of suitable facilities for the administration of family justice within the different courts of the Kingdom and the training of qualified personnel at different levels, given the powers that this bill gives to the judiciary, in addition to the necessity to accelerate the creation of a Family Solidarity Fund. Furthermore, we ordered him to submit to us proposals for the constitution of a committee of experts to draft a practical guide containing different provisions, texts and procedures concerning the family justice system for it to serve as its unified source of reference and as the procedure for this Family Code, and efforts must also be made to reduce the current Civil Procedure Code deadlines for the execution of family affairs.
Article 1 This law is entitled the Family Code and will be referred to thereafter as the Moudawana. Article 2 The articles of this Moudawana apply to: Of Engagement and Marriage.
Article 4 Marriage is a legal contract by which a man and a woman mutually consent to unite in a common and enduring conjugal life.
Its purpose is fidelity, virtue and the creation of a stable family, under the supervision of both spouses according to the provisions of this Moudawana. Article 5 Engagement is the reciprocal promise of marriage between a man and a woman. Engagement takes place through the expression by the two parties of a reciprocal promise to marry by any accepted means, including the reading of the Sura of Al Fatiha from the Holy Koran and the customary exchange of presents.
Article 6 The two parties are considered to be in an engagement period until the marriage is officially registered. Each party has the right to break off the engagement. Article 7 No compensation is due for breaking off the engagement. However, if one of the parties causes any harm to the other, the injured party may ask for compensation from the other. Article 8 Either party may recover the presents he or she offered to the other provided that the breaking off of the engagement was not his or her decision.
Presents are returned in the state in which they were initially offered or reimbursed according to their value, depending on the circumstances. Article 9 If the engaged man pays the dowry or part of it and the engagement is broken off, or if one of the parties dies during the engagement period, he or his inheritors recovers what the latter initially offered in its original state, something comparable, or something of equivalent value.
If the engaged woman refuses to reimburse the money with which she bought furniture, the person responsible for breaking off the engagement assumes the loss between the value of the furniture and the amount of money initially paid.
The Moroccan Family Code (Moudawana) of February 5, 2004
Marriage is legally concluded by an offer expressed by one of the moudawaa and acceptance by the other, in any accepted expression from which the meaning of marriage is inferred verbally or conventionally. Persons unable to speak may legally write their consent if they are literate, and if they cannot write, any clear sign understood by the other party and the witnesses is legally sufficient.
Article 11 To be valid, the offer and acceptance must be: Article 12 Any marriage contract concluded under duress or by fraud is subject to the provisions of Articles 63 and 66 below.
Article 13 The conditions required to contract marriage are: Article 14 Moroccans living abroad may conclude their marriage according to the local administrative procedures of their country of residence, provided that the conditions of consent, capacity, and the marital narocaine if required are all fulfilled, and that there are no legal impediments to the marriage nor cancellation of the dowry; and this in the presence of two Muslim witnesses and subject to the provisions of Article 21 below.
Article 15 Moroccans who have concluded their marriage according to the laws of their country of residence must submit a copy of the marriage contract within moydawana months of its conclusion to the Moroccan consular section of the consular district where the marriage contract was concluded.
In the absence of a Moroccan Consulate, the copy must be sent within the same deadline to the appropriate department at the Ministry of Foreign Affairs.
The appropriate department at the Ministry of Foreign Affairs will transmit this copy to the Civil Status Officer and to the Family Court at the birthplaces of msrocaine spouses. Moudaqana 16 A marriage contract is the accepted legal proof of marriage. Article 17 The marriage contract is concluded in the presence of the parties. However, delegation to a proxy is possible with the authorization of the Family Marrocaine Judge in charge of marriage under the following conditions: The delegating party moudawaana also specify the conditions that she or he wants to stipulate in the marriage contract and the conditions that she or he is willing to accept from the other party; 6- The delegation must be certified by the judge once he verifies that it meets all of the required conditions.
Article 18 A judge may not validate the marriage of a person under his marocain to himself or to any of his ascendants or descendants. Of Capacity, Tutelage and the Dowry. Article 19 Men and women acquire the capacity to marry when they are of sound mind and marocxine completed eighteen full Gregorian years of age.
The decree moudawaa the petition to marry for a minor who has not reached the age of legal capacity for marriage is not open to appeal. Article 22 The two spouses acquire, pursuant to preceding Article 20, the civil capacity to bring suit on matters pertaining to the rights and obligations created by the marriage contract. The judge informs the other party of the findings and officially records the notice.
The other party must be of legal majority and explicitly consent in an official record to marrying a disabled person. Article 25 The woman of legal majority may conclude her marriage contract herself or delegate this power to her father or one of her relatives.
Article 26 The dowry is that which the husband gives to his wife as an expression of his desire to marry her and to build a stable family based on affection and good amicable relations between husband mmoudawana wife. Its legitimacy is based on its moral and symbolic value rather than its material value. Article 28 Anything that constitutes a source of legal commitment can serve as a dowry, and the dowry should be modest.
Article 30 The husband and wife may agree on the immediate or deferred payment of the dowry within a fixed deadline, be it for the entire amount or for part of it. Article 31 The dowry is paid on the fixed deadline. The wife may ask for the payment of the dowry before starting conjugal life. When conjugal life commences before payment of the dowry, it becomes a debt on the husband.
She has the right to half of the dowry if divorce occurs before the marriage is consummated. Mouadwana has no right to the dowry before the marriage is consummated: When the payment of the deferred dowry is in dispute, the husband must prove that he has paid it.
The dowry is not subject to prescription. Article 34 All possessions the wife brings with her to the marriage including furniture and accompanying items are her property.