The Moudawana is the name of the Law No. 70-03, also called the Family Code. It is the body of laws that governs personal status and family relations in Morocco, including marriage, divorce, filiation, child custody and inheritance.
(Source: Article 1 of the Family Code)
The current Moudawana was promulgated by Dahir No. 1-04-22 of February 3, 2004.
Major reforms include:
The possibility for spouses to agree on the management of assets acquired during the marriage (Article 49).
The documents provided, dating from 2004 and 2005, contain no information relating to a new reform underway.
This question is similar to question 3. The main points are, among others, shared responsibility, equality of age of marriage, woman's right to matrimonial guardianship, restriction of polygamy, divorce reform and protection of children's rights.
(Source: Preamble to the Family Code)
Yes. The preamble and several articles confirm that the Code is inspired by Islam and its principles. Article 400 specifies that for anything not expressly stated in the Code, reference should be made to the rulings of the Maliki school of thought and to independent legal reasoning (Ijtihad).
(Source: Preamble and Article 400 of the Family Code)
The family judge plays a central role. He is responsible for authorizing marriages of minors (Art. 20), authorizing polygamy (Art. 41), supervising all divorce proceedings (Art. 82), setting the resulting financial rights (Art. 83), and ruling on matters of child custody (Art. 166) and alimony (Art. 190).
Yes, the public prosecutor's office has a fundamental role. It acts as a key party in all actions aimed at enforcing the provisions of the Family Code.
(Source: Article 3 of the Family Code)
Adouls are traditional notaries authorized by the judge to draw up official documents, including marriage and divorce certificates. They record the consent of the spouses and the conditions of the marriage.
(Source: Articles 17, 65, 67, 87 of the Family Code)
No. Moroccans of Jewish faith are subject to the specific rules of Moroccan Jewish personal status law.
(Source: Article 2 of the Family Code)
The Code applies:
An engagement is a mutual promise of marriage. It does not have the same legal force as a marriage contract. Breaking off an engagement does not in itself entitle either party to compensation, unless harm is caused by one of them.
(Source: Articles 5 and 7 of the Family Code)
In the event of a breakup, either party may request the return of any gifts offered, unless the breakup is attributable to them. If the dowry (Sadaq) has been paid, it must be returned.
(Source: Articles 8 and 9 of the Family Code)
The age of marital capacity is set at 18 Gregorian years for both boys and girls.
(Source: Article 19 of the Family Code)
Yes. The family court judge can authorize the marriage of a minor by a reasoned decision, after hearing from their parents (or legal guardian) and ordering a medical examination or a social inquiry. This authorization is granted if there is a legitimate interest and justification for the marriage.
(Source: Article 20 of the Family Code)
An application must be submitted to the family court judge. The judge will examine the best interests of the minor, hear from their parents or legal guardian, and may order a medical examination or a social inquiry. The judge's decision is final and cannot be appealed.
(Source: Article 20 of the Family Code)
The marriage file must include: an application form, an extract of birth certificate, an administrative certificate, a medical certificate for each of the fiancés, and where applicable, the authorization of the judge (for example, for the marriage of a minor).
(Source: Article 65 of the Family Code)
Yes. The marriage certificate is drawn up by two Adouls, who act as official witnesses, attesting to the consent of the spouses. For Moroccans marrying abroad, the presence of two Muslim witnesses is explicitly required.
(Source: Articles 14 and 67 of the Family Code)
The Sadaq (dowry) is an asset given by the husband to his wife to signify his intention to establish a home. Its value is symbolic. It is obligatory, as the conclusion of the marriage is contingent upon the "disagreement on the abolition of the Sadaq."
(Source: Articles 13 and 26 of the Family Code)
The dowry becomes the sole property of the wife, who can dispose of it freely. It can be paid in full or in part, in advance or at a later agreed date.
(Source: Articles 29 and 30 of the Family Code)
Yes. A woman of legal age (18 years and older) has the right to contract her own marriage. She may, if she wishes, delegate this right to her father or a close relative.
(Source: Articles 24 and 25 of the Family Code)
This is the term describing the official and legal marriage in Morocco, recorded and authenticated by two Adoul (traditional law notaries) in accordance with the law.
(Source: Articles 65 to 69 of the Family Code)
The Code provided for a "recognition of marriage" procedure for unions not documented in a timely manner for "compelling reasons." Legal action could be taken, and the court would examine all the evidence. Article 16 stipulated a five-year period to regularize these situations.
(Source: Article 16 of the Family Code)
The court admits all forms of evidence, including expert testimony. It takes into consideration the existence of children or a pregnancy and the fact that the action is brought while both spouses are still alive.
(Source: Article 16 of the Family Code)
It is a marriage between one part of Moroccan nationality and another part of foreign nationality.
(Source: The expression is used in the "faq", the Code refers to it when talking about "relations between two people when one of them is Moroccan" (Art. 2) and documents for foreigners (Art. 65)).
The procedure is the same as for two Moroccans, but the foreign spouse must provide additional documents, including a "certificate of fitness for marriage" or equivalent document, in addition to the other documents listed in Article 65.
(Source: Article 65 of the Family Code)
Yes. The marriage of a Muslim woman to a non-Muslim man is a temporary impediment to marriage, which implies that the man must convert to Islam for the marriage to be valid.
(Source: Article 39 (4) of the Family Code)
No, not if she belongs to the "People of the Book" (Christian or Jewish). Marriage between a Muslim man and a non-Muslim woman is prohibited, "unless she belongs to the People of the Book."
(Source: Article 39 (4) of the Family Code)
In addition to standard documents (medical certificate, etc.), the foreign spouse must provide a certificate of fitness for marriage, or equivalent, and proof of conversion to Islam if necessary.
(Source: Article 65 (5, 6) of the Family Code)
The Family Code does not set a specific time limit for this procedure.
Yes, but it is very strictly regulated and subject to severe conditions and the judge's authorization. It is prohibited if there is a risk of injustice between the wives or if the first wife has included a clause in the marriage contract forbidding it.
(Source: Article 40 of the Family Code)
The judge only authorizes polygamy if:
Her agreement is not an absolute veto. However, she is summoned by the judge. If she disagrees and files for divorce, the court issues a divorce decree after granting her all her rights. If she does not agree but does not file for divorce, the court may automatically initiate divorce proceedings based on discord (Chiqaq).
(Source: Article 45 of the Family Code)
Yes. Polygamy is prohibited if such a condition has been stipulated by the wife in the marriage contract.
(Source: Article 40 of the Family Code)
The marriage certificate is drawn up by Adouls with the judge's authorization. A marriage concluded without this authorization would not follow the legal procedure and would therefore be invalid, exposing the perpetrator to penalties.
(Source: Articles 65 and 66 of the Family Code)
The dissolution of marriage may result from death, termination, divorce under judicial supervision (Talaq), judicial divorce (Tatliq), or divorce by mutual consent or with compensation (Khol').
(Source: Article 71 of the Family Code)
It is an agreement between the two spouses to end their marriage. They submit a joint application to the court. After an attempt at reconciliation, the judge authorizes the divorce decree to be drawn up.
(Source: Article 114 of the Family Code)
When a conflict persists between spouses, either party may petition the court. The court attempts conciliation, notably by appointing two arbitrators. If conciliation fails, the court grants the divorce and rules on the alimony or other rights and liabilities.
(Source: Articles 94 to 97 of the Family Code)
The Family Code does not contain statistics or information on the most common causes of divorce. It lists the legal grounds.
Yes. A wife can request a judicial divorce (Tatliq) for several reasons: the husband's failure to fulfill a condition of the marriage contract, harm suffered, lack of support, the spouse's absence, a hidden defect, or an oath of chastity. She can also initiate a divorce for discord (Chiqaq) or a divorce by compensation (Khol').
(Source: Article 98 of the Family Code)
If the husband is absent from the marital home for more than a year, the wife can file for divorce. The court verifies the absence and notifies the husband at his last known address before granting the divorce.
(Source: Article 104 of the Family Code)
The Family Code does not address this procedural issue. The rules governing legal representation are set out in the Code of Civil Procedure.
The Code provides for an attempt at reconciliation. In divorce proceedings (Talaq) initiated by the husband, if there are children, the court undertakes two attempts at reconciliation, spaced at least 30 days apart. For divorce due to discord (Chiqaq), the court undertakes "all attempts aimed at reconciliation."
(Source: Articles 82 and 94 of the Family Code)
The rights include: the remainder of the dowry (Sadaq), alimony during the waiting period (Iddah), and a consolation gift (Mout'a) assessed according to the length of the marriage and the husband's financial situation. She is also entitled to housing or the payment of housing costs during her waiting period.
(Source: Article 84 of the Family Code)
This is a financial right owed to the divorced wife. It is calculated by the judge based on the length of the marriage, the husband's financial situation, the reasons for the divorce, and the degree of possible abuse by the husband in the divorce proceedings.
(Source: Article 84 of the Family Code)
Yes, a divorced wife is entitled to alimony (Nafaqa) during her waiting period (Idda).
(Source: Article 84 of the Family Code)
This is a waiting period imposed on the woman after the dissolution of the marriage. Its duration is:
Yes. During the waiting period, the wife resides in the marital home or, if necessary, in suitable accommodation at the cost of which is borne by the ex-husband.
(Source: Article 84 of the Family Code)
In a divorce initiated by the husband, he must deposit the required fees with the court before the divorce decree is drawn up. If he fails to do so within the allotted time, he is considered to have withdrawn his intention to divorce. In other cases, non-payment may lead to enforcement proceedings.
(Source: Article 86 of the Family Code)
The judgment must be issued by a competent court, based on grounds not incompatible with the Family Code, and comply with the legal procedures for enforcement, in accordance with Articles 430, 431 and 432 of the Code of Civil Procedure.
(Source: Article 128 of the Family Code)
The wife is entitled to half of the fixed dowry (Sadaq). She is not subject to a waiting period (Idda).
(Source: Articles 32 and 130 of the Family Code)
Parentage is established through procreation. It can be legitimate or illegitimate. With respect to the mother, it is established by the fact of birth. With respect to the father, it is established by marital relations (presumption of paternity), the father's acknowledgment (recognition), or sexual intercourse by mistake.
(Source: Articles 142, 147, 152 of the Family Code)
No. Illegitimate parentage does not produce any of the effects of legitimate parentage with respect to the father. However, the father may voluntarily acknowledge paternity (Iqrar).
(Source: Articles 148 and 160 of the Family Code)
Paternity is established by an authentic instrument or by an unequivocal handwritten declaration from the author. It is subject to conditions such as the child's parentage not already being established.
(Source: Articles 160 and 162 of the Family Code)
The Family Code does not use the term "DNA test." It refers to "expert analysis" and "all legal means of proof" that can be used by the court, for example, to resolve a paternity challenge by the husband or to establish parentage in the case of an engagement. The use of these means to establish parentage outside of marriage at the mother's request is not explicitly provided for.
(Source: Articles 153, 156, 158 of the Family Code)
The Code stipulates that the court may order an expert opinion. Procedural law governs the consequences of refusing to submit to an expert opinion ordered by the judge, which is generally interpreted against the refusing party.
With regard to his mother, yes, parentage produces the same effects whether she is legitimate or not (Art. 146). With regard to his father, no. If he is not recognized by the father, the child has no rights (pension, inheritance) against him (Art. 148). If he is recognized, he acquires the rights of a legitimate child (Art. 145).
Parents must, in particular: ensure their protection and health, preserve their identity (name, nationality), guarantee their parentage, custody and child support, ensure their religious orientation and education, and provide them with teaching and training.
(Source: Article 54 of the Family Code)
No, full adoption (Attabani) is legally null and void and does not entail any of the effects of parental filiation.
(Source: Article 149 of the Family Code)
The document faq famille.pdf poses this question, but the answer is not found in the articles of Codefamille_06.pdf provided, which mention Kafala without defining it. Kafala is a child protection measure that entrusts the care, education, and protection of a minor child to a person, but without creating a legal parent-child relationship, unlike adoption.
Custody is initially granted to the mother, then to the father, and finally to the child's maternal grandmother. The court always decides based on the best interests of the child.
(Source: Article 171 of the Family Code)
The Code does not establish an age limit for the mother's priority custody. Custody lasts until the child reaches the age of majority (18). At 15, the child can choose which parent will assume custody.
(Source: Article 166 of the Family Code)
The marriage of the custodial mother does not automatically lead to the forfeiture of her rights, particularly if the child is under the age of 7, if the separation would cause harm to the child, or if the new spouse is a relative of the child.
(Source: Article 175 of the Family Code)
She retains custody if: the child is under 7 years old, if the separation would cause harm to the child, if the child is ill/disabled, or if the new spouse is a parent or the legal representative of the child.
(Source: Article 175 of the Family Code)
Yes. The father is the second person entitled to custody after the mother. He can also obtain it if the mother is deprived of her rights.
(Source: Article 171 of the Family Code)
At the age of 15, the child (boy or girl) can choose which of their parents will assume custody.
(Source: Article 166 of the Family Code)
It must protect the child, educate him/her and look after his/her interests, as well as his/her physical and moral safety.
(Source: Article 163 of the Family Code)
The non-custodial parent has the right to visit and receive the child. The arrangements for this right can be agreed upon by the parents or, failing that, determined by the court.
(Source: Articles 180 and 182 of the Family Code)
Yes. The forfeiture of custody rights can occur if the conditions are no longer met (e.g., a change in circumstances that harms the child, failure to comply with custody obligations).
(Source: Articles 174 and 184 of the Family Code)
It is a legal obligation, primarily the responsibility of the father, aimed at covering the basic needs of his children.
(Source: Articles 187 and 198 of the Family Code)
It includes food, clothing, medical care, children's education, and everything else that is considered essential.
(Source: Article 189 of the Family Code)
The judge bases his decision on the income of the person who must pay it, the situation of the person who receives it, the cost of living, and local customs.
(Source: Articles 189 and 190 of the Family Code)
The father must support his children until they reach the age of majority (18), or until they are 25 if they are pursuing higher education. For daughters, this right continues until they have their own resources or their husband is obligated to provide for them. The father must continue to support his children who are disabled or unable to provide for themselves.
(Source: Article 198 of the Family Code)
Yes, until the age of 25.
(Source: Article 198 of the Family Code)
Yes. If the father is totally or partially unable to provide for the children and the mother is well-off, she must assume the child support payments.
(Source: Article 199 of the Family Code)
The provisions relating to the offence of abandonment of family are applicable to any person who ceases to pay child support for more than one month without valid reason.
(Source: Article 202 of the Family Code)
The father is the legal guardian of his children. Custody (Hadana) and legal representation (Tutelle) are two distinct concepts. Even if the mother has custody, the father remains the legal representative.
(Source: Article 236 of the Family Code)
No, not without the consent of the legal representative (usually the father). The court can prohibit the child from traveling outside Morocco without the consent of their legal representative. If the latter refuses, the judge in chambers can be petitioned to obtain authorization.
(Source: Article 179 of the Family Code)
The default regime is separation of assets. Each spouse has their own assets.
(Source: Article 49 of the Family Code)
Yes. The spouses can agree, in a document separate from the marriage certificate, on the conditions for the management and distribution of the assets they will acquire during their marriage.
(Source: Article 49 of the Family Code)
If no agreement is reached, the general rules of evidence apply. The judge takes into account the work of each spouse, the efforts made, and the expenses assumed to grow the family assets in order to assess each spouse's contribution.
(Source: Article 49 of the Family Code)
Yes. Article 49, by referring to "efforts" and "burdens assumed", allows the judge to take into account domestic work as a contribution to the growth of family assets.
Moroccan law provides for heirs with a fixed share (Fardh) and heirs who take the remainder (Ta'sib). The principal heirs who cannot be completely excluded from the inheritance are the son, daughter, father, mother, husband, and wife.
(Source: Book VI of the Law of Succession, in particular Article 357)
The succession process begins with the death of the deceased. Next, a certificate of inheritance (Iratha) must be drawn up to identify the heirs. Then, the estate is settled: debts are paid, the will is executed, and finally, the assets are divided among the heirs.
(Source: Title IX of the liquidation of the estate, Articles 373 et seq.)
This is the document that lists the heirs. It is drawn up by order of the judge in charge of guardianships.
(Source: Article 267 of the Family Code)
The shares are calculated according to complex rules defined in the Code. There are heirs with a fixed share (Fardh), such as the wife (1/8 or 1/4) or the mother (1/6 or 1/3), and heirs by Ta'sib (who take the remainder), such as the sons.
(Source: Titles IV and V of Book VI, Articles 341 to 354)
The Family Code states the rule (for example, for children, the son's share is double that of the daughter) but does not provide the theological or philosophical justification.
(Source: Article 351 of the Family Code)
Yes. It is an act by which a person establishes, on one-third of their assets, a right that becomes payable upon their death.
(Source: Article 277 of the Family Code)
You can bequeath a maximum of one-third of your estate. A bequest exceeding one-third requires the agreement of your heirs.
(Source: Articles 277, 303 of the Family Code)
No, he does not inherit from his biological father. He inherits from his mother and maternal relatives.
(Source: Articles 146 and 148 of the Family Code)
No. There is no inheritance right between a Muslim and a non-Muslim.
(Source: Article 332 of the Family Code)
The law on succession applies to all the assets of the deceased Moroccan, wherever they may be, but its implementation may depend on the rules of private international law of the country where the assets are located.
Tanzil is the act of appointing a person (often a grandchild whose parent has predeceased them) as an heir by will, even though they are not one, by allocating them a share. It is considered similar to a will.
(Source: Article 315 of the Family Code)
The Civil Code does not provide an automatic right to remain indefinitely in the marital home, which is part of the estate. Housing is a right during the waiting period (iddah). After that, the home becomes an asset of the estate to be divided.
Yes. The provisions of the Code apply to all Moroccans, even those holding another nationality and residing abroad.
(Source: Article 2 of the Family Code)
They can marry according to the administrative formalities of the country of residence, provided they respect the substantive conditions of Moroccan law (consent, capacity, dowry, absence of impediments) and in the presence of two Muslim witnesses.
(Source: Article 14 of the Family Code)
Yes. They must submit a copy of the marriage certificate to the Moroccan consular services within three months.
(Source: Article 15 of the Family Code)
No. Article 14 explicitly requires "the presence of two Muslim witnesses" for a marriage celebrated abroad to be valid under Moroccan law.
(Source: Article 14 of the Family Code)
The Code does not detail the procedure for this specific case, which falls under private international law and the bilateral conventions that Morocco may have signed. The Code sets out general principles on custody, but international jurisdiction is not addressed.
Amal Anouide is a lawyer registered with the Safi Bar Association with over 13 years of experience. She practices in all Moroccan jurisdictions (Safi, Casablanca, Rabat, Marrakech) and handles cases involving divorce, criminal law, real estate, and business law. Her firm offers specialized support to Moroccans residing abroad (MREs) and foreign nationals, including remote consultations. She is known for her rigor and compassion, and has a 5.0 rating on Google.
