In the framework of the High Royal Instructions, the cabinet of the Ministry of Justice will be in charge of the revision and editing of the Family Code, entrusting its approval to the High Council of the Judiciary and Public Prosecutor's Office.
According to an official communiqué from the Royal Court, the monarch Mohammed VI sent a letter to the head of government, Aziz Akhannouch, concerning the revision of the Family Code. This Royal Letter concretizes the royal decision HM the King announced in the Throne Speech for 2022 and reflects the high priority the Sovereign continues to give to the promotion of women's and family issues.
When the Family Code was adopted in 2004, during the early years of Mohammed VI's rule, it marked a significant step forward for women's rights because, among other things, it prohibited polygamy and child marriage. In that reform, the Personal Status Code was replaced by the current one, to which more than 300 articles were added.
Among the main modifications promoted by the monarch in 2004 were that both spouses are responsible for the family (art. 4); the age of 18 was equal for both sexes in terms of preparation for marriage (art. 19), and it was no longer necessary for the woman's guardian to intervene in the legalisation of the marriage (art. 25).
However, women's rights organisations have recently called for a second revision of this law to determine the path towards parity. They have also called, among other things, for inheritance rights to be guaranteed, child marriage to be prohibited and marriages between people of different religions to be allowed.
The Sovereign has entrusted the Ministry of Justice with the responsibility of collectively and collegially managing the preparation of this important reform, parallel to the mission that His Majesty the King has entrusted to the Head of Government through this letter, given the importance of the legal and judicial aspects of this issue, to the High Council of the Judiciary and the Presidency of the Public Prosecutor's Office.
His Majesty the King requested that the aforementioned organisations work closely on this reform with the other bodies directly concerned by this issue, such as the National Council for Human Rights, the High Council of Ulemas and the government agency in charge of social integration and solidarity, opening it also to government officials, members of civil society, academics and family members.
Before the Government drafts the relevant legislation and submits it to Parliament for approval, the High Royal Instructions intend to submit the proposed amendments that will result from these broad participatory consultations to HM the King's High Patronage, the guarantor of citizens' rights and freedoms, within a maximum period of 6 months.