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Moroccan Family Law No. 70.03 (Moudawana) 2004.

Country
Type of law
Legislation
Source

Abstract
The Family Code adopts the following fundamental reforms: Seven: Expand the woman’s right to file for divorce when the husband does not fulfil any of the conditions stipulated in the marriage contract, or for harm caused to the wife such as lack of financial support, abandonment, violence, and other harm, in view of endorsing the general legal principle: ‘neither harm nor be harmed,’ to promote equality and equity between the two spouses. Ten: Allow the granddaughter and grandson on the daughter’s side the right to inherit from their grandfather, just as the grandchildren on the son’s side, in keeping with the principles of ijtihad (juridical reasoning) and justice in the compulsory legacy.
Another new provision introduces of the right of divorce by mutual consent under judicial supervision. The court will not authorize polygamy: - If an exceptional and objective justification is not proven. - If the man does not have sufficient resources to support the two families and guarantee all maintenance rights, accommodation and equality in all aspects of life. The mutual rights and duties between spouses are: 1- lawful cohabitation on the basis of good conjugal relations, justice, equality in case of polygamy, mutual fidelity, virtue, and the preservation of family honour and their children; 2- cohabitation, mutual respect, affection, and the preservation of the family interests; 3- the wife’s assuming with the husband the responsibility of managing and protecting household affairs and the children’s education; 4- consultation on decisions concerning the management of family affairs, children, and family planning; 5- good relations with each other’s parents and close relatives, respecting, visiting and hosting them within accepted standards; 6- the right to inherit from each other.
Date of text
Notes
Unofficial English translation of the original Arabic text.Sherifyan Dahir (Royal Edict) No. 1.04.22 issued on 12 Dou Al Hijja 1424 (February 3, 2004). Aimed to Implement Law No. 70.03 as the Family Code.
Repealed
No
Source language

English

Legislation Amendment
No