FAMILY LAW AND WOMEN'S RIGHTS IN MOROCCO

Recent changes in Moroccan family law have been hailed as a major advancement of women's rights. Qantara reports on the changes:

1) Wives and husbands are now jointly and equally responsible for their households and families; the previous duties of wives to obey their husbands will be abolished.

2) Men and women may enter into marriage of their own free will and with equal rights. Brides no longer require the permission of a male legal guardian, but may have themselves "given away" if they so desire. Polygamy (the right of a man to marry up to four women) will be starkly restricted.

3) A husband can no longer simply abandon his wife without consequences; divorce is being made easier for women. Simply uttering the ritual words for a divorce (repudiation, or talaq) is no longer sufficient for legal divorce, nor can a divorce be authorized by a notary public (adul). In all cases, the desire of a husband or wife for divorce must be authorized by a government family court.

4) The minimum age at which women may marry will be raised to 18; exceptions may be made with a judge's permission.

5) Couples will have joint custody of children conceived pre-maritally (during the "engagement"). If the husband refuses to recognize the child as his own, he can be forced to undergo a parentage test. This was not possible in Morocco up to now, leading many fathers to refuse to accept responsibility for children conceived out of wedlock, and causing the number of single mothers in Morocco to skyrocket.

The article notes that conservative religious authorities and islamist groups have opposed the new law and goes on to raise questions about the extent to which the law will protect the large numbers of women who are poor and illiterate.

The Sunday Herald (UK) also has this article, BBC has this report on "Morocco's shunned wives," and Aujourd'hui Maroc writes that these reforms "allow Morocco to enter the sphere of social modernity."