Illegal ’Fatiha’ Marriages Persist in Morocco Despite Legal Ban

In Morocco, Fatiha marriages are still widespread even though the Penal Code punishes the practice. Article 475 of the Penal Code states that: "anyone who, without violence, kidnaps or diverts a minor under the age of eighteen [...] is punishable by one to five years’ imprisonment". Adolescents and even pre-adolescents are given in marriage to much older men without having the right to refuse. This type of marriage is celebrated without the presence of an adoul or a representative of the State. "We decide to marry a child to a much older gentleman, and it is enough to bring witnesses. No investigation, no consent, nothing," laments Meriem Othmani, president of INSAF.

Consequently, these marriages have no legal basis. "A Fatiha union does not fall within the framework of the law, we cannot consider it as a marriage. The articles of law relating to marriage do not apply to it at all," explains Maha Jawhari, a lawyer specializing in family law, to TelQuel. "Since the end of the period for the regularization of customary marriages, in 2019, the courts no longer accept customary marriages to have legal effects," adds the lawyer and vice-president of INSAF, Mohamed Oulkhouir.

Other consequences of these illegal unions: women and children do not enjoy any rights. "The woman, in fact, has no rights in this union. She cannot even file a complaint for violence! As for the children of this union, if there is no legal marriage, they are not recognized and will not have rights," explains Meriem Othmani. In short, children born of these unions will not be able to be registered in the civil registry. "These marriages are particularly dangerous because they actually deprive the woman and the children who could be born of this union outside the legal framework of any rights," confirms the vice-president of INSAF.

The girls who are victims of these illegal marriages are also victims of rape. "A minor married by Fatiha is undoubtedly a victim of rape if this pseudo-marriage is consummated," says Mohamed Oulkhaouir. "These are very technical issues, but indeed, we can consider that a minor victim of a customary marriage is also a victim of indecent assault, since sexual relations are only tolerated within the framework of legal marriage," adds the lawyer Maha Jawhari.