Morocco is set to introduce significant reforms to its family code, granting women greater rights over child custody, guardianship, and a say in polygamous marriages.
This is according to statements from Justice Minister Abdellatif Ouahbi and Islamic Affairs Minister Ahmed Toufiq on Tuesday. It marks the first review of the code in two decades.
Women’s rights activists in Morocco have long advocated for a revision of laws governing the rights of women and children within families. The proposed draft includes over 100 amendments, with key changes aimed at promoting gender equality while aligning with Islamic principles. 
One of the notable amendments allows women to include clauses opposing polygamy in their marriage contracts. In the absence of such clauses, a husband may take a second wife only under specific conditions, such as infertility of the first wife, placing stricter limits on polygamy.
The reforms also propose shared child custody rights between spouses, simplifying and shortening divorce procedures, and granting either spouse the right to retain the marital home in the event of the other’s death. Additionally, divorced women would be permitted to retain custody of their children even after remarriage.
The legal marriage age will remain 18, but exceptions for underage marriages would be limited to those aged 17. Although the revised code maintains the Islamic inheritance rule granting men double the share of women, it introduces flexibility, allowing individuals to gift assets to female heirs. However, inheritance between spouses of different religions will only be permitted through wills or gifts.
King Mohammed VI, Morocco’s supreme religious authority, emphasized that the updated family code should reflect “the principles of justice, equality, solidarity, and harmony” with Islamic teachings and universal values to protect Moroccan families. The amended code is expected to be submitted to parliament for approval.
While these changes represent progress, Moroccan women’s rights advocates, who have long championed equal inheritance laws, have yet to comment on the proposed reforms.
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