Thematic Working Group on Equality and Parity Reviews Article 49 of the Family Code

The House of Representatives hosted, on Thursday, March 25, 2021, a study day organized by the Thematic Working Group on Equality and Parity. The study day tackled "Article 49 of the Family Code: Implementation Reality and Amendment Demands." The meeting was chaired by the Chairperson of the Thematic Working Group on Equality and Parity Fatima Zahra Nazih and marked by the participation of several civil society actors, officials, and representatives of women's civil society associations.

In her opening statement, Ms. Nazih focused on the Family Code's contribution, since its adoption in 2004, to causing "a fundamental societal breakthrough in relations within the Moroccan family in line with the precepts of Islam." She also highlighted the context that preceded the adoption of Article 49, which enshrined two basic rules according to the speaker. The first of which is the financial independence of each spouse and the second the consideration of the efforts and contribution of each spouse and to developing the household assets, keeping in mind the house chores the wife does."

Ms. Nazih added that “the adoption of this Article in the Code established what has been practiced in some regions under the name of ‘drudgery and hard work,’ and moved its status from a tribal custom and tradition to a legal right backed by the Family Code to expand gender equality.”

The Chairperson listed the difficulties that hinder the implementation of this Article, presenting figures from the Ministry of Justice for 2015, which reveal that only 0.5% of spouses concluded separate agreements on the management of the acquired assets. She added that "the jurisprudence has been decent in assessing the contribution of women in the development of family assets,” which is also the case for the religious diligence that “has not addressed the problems arising from the application of Article 49 of the Family Code properly."

During the same event, Ms. Wafa Louda, the Head of the Family Affairs Department at the Ministry of Justice, presented the outcomes of implementing the provisions of the Family Code, particularly those of Article 49 and the prospects of its amendment.

In her presentation, Ms. Louda explained, “the said Article lays down rules governing the financial aspect between spouses based on equality. In this respect, the Article directs spouses to the possibility of managing their financial affairs, either by agreeing to invest or divide their assets. This way, each of the spouses have their own financial assets, which they have the freedom to manage. They may engage, at their choice, in a separate agreement on how to manage and divide the assets acquired during their marriage by fixing the share of each of them.  In the event of a dispute, each spouse may prove their claims before the court following the rules of evidence."

Following that, Banasser Bendijo, a representative of the Supreme Council of the Judiciary, made a presentation on the judicial application of Article 49 concerning the management of common assets between spouses.

The study day was marked by a deep debate enriched by the comments of representatives of women's civil society associations, including those of Azzahrae Forum For Moroccan Women; the Association of Amazigh Women Voice; the Moroccan Association for Family Protection; the Feminist Action Union; in addition to the Democratic Association of Moroccan Women, the Association Jossour, the Association Free hands. It was also marked by the statement of a representative from the National Human Rights Council and that of the representative of the National Order of Adouls (notary public).

The study day culminated in recommendations that focused on the imperative of raising awareness, the presentation of legislative proposals, the education and teaching of Moroccan society, and the encouragement of the State to consider these proposals to protect Moroccan families, including the husband, wife, and children. The other recommendations tackled the means of evidence and the need to establish a social aid body to conduct social research on the financial situation of women and to recognize their efforts.