8 févr. Une décennie après son adoption par le Parlement marocain, le nouveau Code de la famille (Moudawana) a consacré l’égalité entre les. This unofficial English translation of the Moroccan Family Law (Moudawana ) was prepared by a team of English and Arabic speaking lawyers and a. la moudawana marocaine pdf. Quote. Postby Just» Tue Aug 28, am. Looking for la moudawana marocaine pdf. Will be grateful for any help! Top.
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Archived from the original on 30 December Article 12 Any marriage contract concluded under duress or by fraud is subject to the provisions of Articles 63 and 66 below. Its legitimacy is based on its moral and symbolic value rather than its material value. The designated mother may deny her affiliation to the child or present evidence that rebuts it.
The court may appoint an interim guardian if need be. Furthermore, the child under custody is guaranteed suitable accommodation, separate from the other financial maintenance obligations, and cases concerning maintenance obligations must be settled swiftly within a one-month time limit.
Article Recourse is made to specialized experts to help identify the defect or disease. Article The testamentary or court-appointed guardian may not perform any of the following acts unless he has obtained authorization from the Guardianship Judge: For example, a woman still needs her husband’s permission to obtain a passport and can be penalized for having a child out of wedlock, and there is no legislation addressing or criminalizing violence against women.
Article 34 All possessions the wife brings with her to the marriage including furniture and accompanying items are her property. Article The husband may take his wife back during the legal waiting period iddat.
The death of the ward, or the death or absence of the testamentary or court-appointed guardian; 2. If the last day of the deadline is a holiday, the deadline is extended to the first working day. They are valid if they are fully beneficial to him or her; 2. Many activists and scholars embrace the reforms as evidence that gender equality is compatible with Islamic principles; indeed, some scholars have argued that what they consider to be an authentic interpretation of Shari’a actually requires reforms in the name of gender equality.
Article Any person that comes of legal age and presents none of the causes which limit or deprive him of his capacity shall be considered fully able to exercise his rights and to assume his obligations. Of Legal Capacity and Representation Title 1: The court shall verify the absence, its length, and his location by all means.
There are social, legal, logistical, and political barriers to the actual implementation of many of the reforms in the new Mudawana.
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Those orientations will be adopted by the Parliament as the best preamble for the Family Code, particularly what was included in the sovereign Royal speech, as the King, may God support him said: Article Legal capacity entails the acquisition of rights and the assumption of liabilities, as defined by the law, that are indivisible from a person during his lifetime and of which he cannot be deprived.
Some critics have even classified the family court system as a lower or “second-class” justice system for women. Article The decisions that are issued by the Guardianship Judge in accordance with Articles,and are open to appeal. Article 60 The defective marriage is annulled before it is consummated and does not result in a dowry when the dowry does not meet the legal conditions.
The provisions applicable to a salaried trustee shall apply to him or her even if he or she performs his mission for free. Article The acts of a discerning young person are governed by the following provisions: Article When paternity is proven, even if the marriage is defective, if it results from sexual relations by error, or by acknowledgement, it produces all of the effects of kinship, including the prohibition of marriage within degrees of kinship and breastfeeding relations, and creates kinship maintenance and inheritance rights.
Article If assets of the ward materialize that had not been entered in the previous inventory, the testamentary or court-appointed guardian shall attach an appendix to the first inventory. Article The wife may recover the sum she paid to obtain the divorce if she proves that she acted under duress or as the result of harm caused by her husband, and in all cases the divorce shall be granted.
Supporters of the reforms point to broad support for them among Moroccan society, especially among women, and cite the new law as a successful example of a progressive reform framed in indigenous, Islamic principles.
General Provisions Title 2: This sparked fierce debate and opposition within Moroccan political elites and, to a somewhat lesser extent, Moroccan society, and culminated in two rallies in Casablanca and Rabat in March — one in support of reform and one in opposition to it.
If the husband has the right of repudiation, the wife may also avail herself of this right through tamleek assignation. Article Any divorce pronounced by the husband is revocable, with the exception of a third repudiation, divorce before the marriage is consummated, divorce by mutual consent, divorce in exchange for compensation, and repudiation when the husband has assigned his right to exercise it to ,oudawana wife.
Many groups and individuals madocaine in Morocco and abroad reacted favorably to the revised code, pointing out that from an economic perspective, it finally legally recognized women’s economic contributions to the household — not an insignificant point, as inwomen represented over a third of the Moroccan workforce.
Moreover, while over 14, divorce proceedings were initiated by men, over 26, were initiated by women in ; before the reforms, women did not have the right to initiate these moudawaa. The dowry is not subject to prescription. However, there is some evidence that the reforms are not totally without effect.