King Mohammed VI to Decide on Controversial Family Code Reforms

Regarding filiation outside of marriage, the Council proposes that the father, like the mother, be responsible for the child’s needs, without recognition of filiation. The latter, according to Ahmed Toufiq, would be contrary to Sharia and the constitution and would undermine the family institution.

For the will in favor of an heir, if it is not executed by the other heirs, the Council suggests replacing it with a donation, without the requirement of effective possession. A similar solution is proposed for the ta’sib when the deceased leaves only daughters: a donation to the daughters, without the need for effective possession.

The Council also made proposals for two other situations. On the one hand, inheritance between spouses of different religions: it suggests that each can freely bequeath or give to the other, without the condition of effective possession, and that this possibility be explicitly mentioned in Article 332. The "holder of authority", therefore King Mohammed VI, could also impose a mandatory provision in the interest of one of the spouses. On the other hand, the inheritance between the kafîl (guardian) and the makfoul (entrusted child): the Council proposes either to allow each to receive the property in the absence of other heirs and if the State renounces the inheritance, or to authorize the reciprocal bequest or donation without the condition of effective possession. The "holder of authority" could also impose a mandatory provision in favor of the makfoul.

Regarding polygamy, and the condition of the consent of the first wife, Ahmed Toufiq specified that the decision rested with the "holder of authority", in the general interest. The current response does not allow for the introduction of this condition, but the "holder of authority" could decide to include it.

The minister also justified the Moroccan model of reform, where the proposals are submitted by the King to the Supreme Council of Ulema for a religious opinion, as a reflection of the pact of allegiance (bay’a) between the Commander of the Faithful and the ulema. This pact commits the "holder of authority" to preserving five essential purposes: religion, security, public order, means of subsistence and dignity.

Finally, Ahmed Toufiq recalled the educational and moral role of the ulema, stressing that if the man-woman relationship was based on ma’rûf (the good), there would be no conflicts. The ulema, he added, are aware of the current economic and social challenges, and their opinion went in the direction of the majority of the seventeen questions examined.