Morocco eagerly awaits the release of the new Moudawana, the Family Code, whose last version, dating back to 2004, has shown its limitations. This reform marks a historic advancement for the country, addressing the distress of Moroccan women in particular and society in general, demanding profound change.
But how did we get here? It all began with the accession to the throne of Mohammed VI in 1999. During his 25 years of reign, the King has made every effort to improve the living and working conditions of the women of his country. Today, the entire Moudawana is set to change.
This transformation is the result of an enlightened royal vision. The King felt the urgent need for change in Morocco, responding to the insistent calls of Moroccan women long confronted with various obstacles related to their rights and those of their children, such as custody, guardianship, and many other issues. It was then that the King said STOP. It is time to change things.
Let’s look back at these 25 years of Mohammed VI’s reign, marked by significant progress for women in Moroccan society, both socially and privately as well as professionally. Obstacles have, of course, emerged, related to the country’s culture, conservatism, and other factors, but the King perseveres.
Ghizlane Mamouni, a lawyer at the Paris Bar and president of the Kif Mama Kif Baba Association, has always been committed through her association to promoting gender equality and fighting against discrimination against women in Morocco. Aware of the importance of this Moudawana reform, for which she and her association have fervently campaigned as civil society, Mamouni recounted for Hespress FR the evolution of the situation of women and the Moudawana during the 25 years of Mohammed VI’s reign.
« Kif Mama Kif Baba, through various initiatives and awareness campaigns, works for a more egalitarian and inclusive Morocco. This fight is part of the Moroccan feminist movement’s struggle, which has played a crucial role in the historic reforms of the Moudawana, reflecting sociopolitical changes and the aspirations of Moroccan civil society, » explains Ghizlane Mamouni.
2004: A Historic Reform Under the Pressure of Civil Society
To trace the path of change, the activist goes back to 2004. She recalls that King Mohammed VI intensified the debate on the Moudawana after his accession to the throne. That same year, a major reform was adopted, setting the minimum marriage age for girls at 18 (in principle), sharing family responsibility between spouses, and making polygamy and repudiation almost impossible without judicial control.
« This reform, the result of six years of intense debates between traditionalists and reformers, was carried by the support of the socialist government and feminist organizations, facing strong opposition from traditionalists. It constituted a significant advancement, although issues like polygamy and inheritance remained pending, » the lawyer emphasizes.
2004-2024: Consolidation of Gains, New Advances, and New Challenges
The question then arises: what did the 2004 version bring? Mamouni explains that the 2004 family code opened new perspectives for the condition of Moroccan women.
According to the president of Kif Mama Kif Baba, the 2004 Moudawana allowed married women to foreigners to pass on Moroccan nationality to their children (2005), the inscription of real equality in the 2011 Constitution, women’s access to the adoul profession (2018), and the possibility for Soulaliyat to claim their right to inherit collective lands (2014).
Regarding the 2011 Constitution, which was a pillar of equality, Mamouni believes it enshrines equality between men and women in various fields, whether civil, political, economic, social, cultural, or environmental.
This major advancement, she continues, allowed real equality to be enshrined as a fundamental principle in the country’s supreme law, strengthened the protection of women’s rights, and aligned national law with international commitments in human rights and gender equality.
« The evolution of the Moudawana since 1958 reflects Morocco’s ongoing commitment to gender equality. Despite these notable advances, the full realization of gender equality in Morocco remains an objective to be achieved. Persistent challenges, such as gender stereotypes, economic inequalities, and violence against women, continue to hinder true equality, » notes our interlocutor.
And to add: « The 2004 edition of the Moudawana is a historic milestone. Under the leadership of King Mohammed VI, Morocco took a decisive step towards gender equality. This reform ended outdated practices, raising the legal marriage age to 18, restricting polygamy, and introducing protective mechanisms for women in case of divorce. These changes were necessary and expected, but we must not forget that they were just the beginning. »
Despite these advances, the path remains fraught with obstacles, says Mamouni, noting that the 2004 reforms have not sufficed to eradicate discriminatory practices rooted in society. Cultural and political resistances continue to hinder the full realization of these rights.
« We observe that, despite the ratification of international conventions on women’s rights and constitutional declarations affirming equality, Moroccan women still face persistent inequalities. Political commitments must translate into concrete actions on the ground, » she believes.
These challenges require, according to the activist, sustained efforts to ensure true and lasting equality for all Moroccan women.
« Aware of these challenges, we at the Kif Mama Kif Baba association are determined to play our part in this struggle. We are fully committed to raising awareness, educating, and mobilizing around gender equality issues. Through our awareness campaigns, educational workshops, and advocacy actions, we aim to deconstruct gender stereotypes, reduce economic inequalities, and combat violence against women. We firmly believe that with collective action and continued political will, real and effective equality for all Moroccan women is within reach, » concludes Ghizlane, who, like all Moroccan women, places her full trust in the Sovereign to realize these legitimate demands.
