Gender breakthrough in contemporary Muslim Morocco [Ressource électronique]

This article focuses on the improvement of the situation of Muslim women in Morocco. Recent social developments have pointed at Morocco as a focus of attention for its daring gender initiatives with the introduction of reforms of the family status which will generate progress in the right of women. They globally deal with family life. Yet, seven of them may directly be linked with the gender issue, such as marriage, divorce and succession in heritage. These are: 1. Setting the minimum age for marriage at 18 years for both men and women (article 19); 2. Making husband and wife jointly responsible for the family (article 4) thus, they both acquire equal authority in the family; 3. Entitling the woman the right of guardianship that she independently exercises according to her choice and interest (article 24); 4. Assuring the guarantee of reciprocal rights of both spouses, instead of the previous one sided obligation of obedience and fidelity (article 51); 5. Giving women new rights to assets acquired during marriage (article 49). Regarding this issue of management by husband and wife, of the property acquired during marriage, and while confirming the principle of separate estate for each of them, the couple may agree, in a document other than the marriage contract, on how to manage and invest the assets acquired jointly during marriage;6. Restricting polygamy in terms that make it almost impossible to achieve (articles 40 to 46) therefore polygamy shall not be allowed unless some legal conditions are met; 7. Making divorce a prerogative that can be exercised as much by the husband as by the wife, in accordance with legal conditions set for each party, and under judicial supervision (articles 78 to 120); thus, the woman may avail herself of this prerogative by using the right of option; whatever the case, and before the divorce is authorized, it shall be ascertained that the divorced woman gets all the rights to which she is entitled.