Morocco's Moudawana Reform 2026: 8 Key Changes for Moroccans Abroad
In December 2024, King Mohammed VI approved 139 proposals to reform Morocco's Family Code. As of October 15, 2026, no bill has been filed in Parliament yet: the file moves to the new legislature. The 8 measures that will change life for Moroccans abroad, and the points the ulemas turned down.
In December 2024, King Mohammed VI approved 139 proposals to reform Morocco's Family Code. As of October 15, 2026, no bill has been filed in Parliament yet: the file moves to the new legislature. The 8 measures that will change life for Moroccans abroad, and the points the ulemas turned down.
Where does the reform stand?
Launched by royal letter in September 2023, the Moudawana reform reached a decisive milestone on December 23, 2024: King Mohammed VI presided over a working session at the end of which 139 proposals were adopted, after the opinion of the Supreme Council of Ulemas.
The next step was to turn them into a bill. That bill was never adopted by the Government Council, nor filed in Parliament. In spring 2026, the Ministry of Justice was aiming for October or November. The legislature ended without a vote, and on September 26, 2026 the ministry confirmed the bill would move to the next legislature.
The new legislature opened its first session on October 9, 2026. As of October 15, no filing date has been announced.
Before it takes effect, the text still has four steps ahead: adoption by the Government Council, a vote in the House of Representatives, a vote in the House of Councillors, and publication in the Official Bulletin.
The 2004 Family Code (Law 70.03) therefore remains the only applicable law. The main lines of the reform are known, though.
1. Marriage abroad without Muslim witnesses
This is the most directly useful measure for Moroccans abroad. Moroccan law currently requires two Muslim witnesses to validate a marriage. In Europe or North America, finding them can block an entire file.
The reform provides an exception: if two Muslim witnesses cannot be found abroad, the marriage can be concluded without them. The ulemas approved this point.
2. Legal representation given to the custodial mother
Today, even when the mother has custody after a divorce, the father remains the child's legal representative. In practice, she depends on him to renew the child's passport, for some enrollments, or for major decisions.
The reform gives this legal representation to the mother who has custody. The ulemas approved it. The exact rules will depend on the final text.
3. Custody kept after the mother remarries
Under the 2004 code, still in force, a mother who remarries loses custody in principle. Article 175 sets exceptions: a child under seven or harmed by the separation, a sick or disabled child only the mother can care for, or a new husband who is a close relative or the child's legal representative.
The reform ends this loss of custody: a divorced mother keeps her children even if she remarries. The ulemas approved this point on December 23, 2024. The child's interest remains the test, and a judge can still decide otherwise if the remarriage puts the child at risk.
4. Domestic work recognized in the couple's assets
A wife's work at home will be recognized as a contribution to the assets acquired during the marriage. In a divorce, she can claim it before a judge, even if the assets are registered in the husband's name.
For Moroccans abroad, this mainly concerns property bought in Morocco during the marriage. Another approved point: debts between spouses linked to these joint assets will rank ahead of other debts.
5. Polygamy: the wife can refuse it in the contract
Polygamy remains possible but tightly restricted. When the marriage contract is signed, the wife states whether she accepts or refuses that her husband take a second wife. If she refuses, he cannot.
Without such a clause, polygamy would only be allowed in exceptional cases: infertility of the first wife, an illness that prevents married life, or another serious reason assessed by the judge. The Supreme Council of Ulemas did not, however, retain the idea of requiring the first wife's consent at the time of the second marriage.
6. Marriage age set at 18
The legal marriage age becomes 18 for both girls and boys. An exception remains possible at 17, under strict conditions and with a judge's review. Today, an exemption is possible much earlier.
7. The marital home taken out of the estate
When a spouse dies, the couple's home currently goes into the estate shared among heirs. The surviving spouse may then have to leave the family house.
The reform protects this home: it will no longer be divided in the estate, so the surviving spouse can stay. The ulemas approved the principle, in a legal form compatible with Islamic law.
8. Gifts to daughters during the parents' lifetime
Inheritance rules do not change. But parents who only have daughters will find it easier to pass assets to them while alive: the gift will be valid even if the daughter has not taken actual possession of the asset.
This is the ulemas' answer to the request to abolish taasib, which they turned down.
What the ulemas refused
According to the Supreme Council of Ulemas, three proposals touched religious texts that leave no room for interpretation. They are not retained:
- •Paternity established by DNA test for a child born outside marriage. Instead, both father and mother will have to cover the child's material needs, without paternity being established.
- •Abolishing taasib, the rule that gives part of the estate to male relatives when the deceased leaves only daughters. Alternative: gifts to daughters (point 8).
- •Inheritance between a Muslim and a non-Muslim. In mixed couples, each spouse will however be able to bequeath or give assets to the other.
Equal inheritance between brothers and sisters is not part of the reform.
What Moroccans abroad can do now
Nothing changes until the law is published in the Official Bulletin. No step is required. The transition rules between the old and new text will be set by the law itself.
If your situation involves custody, inheritance or a mixed marriage, a Moroccan family lawyer can tell you what the current code provides for you. The verified lawyers in the LesMRE directory can help.
Sources: MAP and Hespress (opinion of the Supreme Council of Ulemas, December 23, 2024), Médias24 (December 24, 2024), H24info (December 24, 2024), Hespress (September 26, 2026). Article updated on October 15, 2026.
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