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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The Moroccan Family Code (Moudawana) of February 5, 2004
A new procedure for repudiation has been established that requires judicial permission, and the repudiation can not be registered until all vested rights owed to the wife and children have been paid in full by the husband. Journal of Modern African Studies.
Beginning in the s, women’s rights organizations in Morocco gained leverage and influence by incorporating progressive elements from academia, publishing, and government, and using rhetoric that drew from Islamic sources as well as the language of national development and the rights of women and children. The father shall continue to pay maintenance to children suffering from a handicap and unable to earn a living. Article 2 The articles of this Moudawana apply to: Article Legitimate filiation is established to the father in cases where one of the paternity conditions is fulfilled, and it creates all of the legal effects of paternity.
The court shall verify the absence, its length, and his location by all means.
Article Accommodation expenses for the child shall be fixed separately from child support, marocaind custodial salary and other custodial expenses. Article 73 Divorce must be expressed by explicitly spoken words and in writing, and for those incapable of both, an unequivocal sign from which divorce is inferred. Article 64 The marriage which is annulled by virtue of preceding Articles 60 and 61 has no effects before consummation, but after it consummation it has the same effects as a valid marriage contract until the annulment decree is rendered.
Article Shall be abrogated any provisions that are contrary to, or repetitious of, the provisions in the present code, notably the following: A mother of legal majority, in the absence of the father or when the father is deprived marociane his capacity; 3.
The court may take all necessary measures, including the appointment of two arbitrators, a family council or whomever it deems qualified to reconcile the couple. When the mission for which the testamentary or court-appointed guardian was designated has been accomplished or when the period of time for which the testamentary or courtappointed guardian has been designated expires; 4.
The Moroccan Family Code (Moudawana) of February 5, | HREA
Article When the husband is aware of the defect before the marriage contract is concluded, and divorces before the marriage is consummated, half of the dowry must be paid. Article The testamentary or court-appointed guardian moucawana request compensation for exercising legal representation, and such compensation shall be fixed by the court as of the date of the request. If the wife does not prove the harm and maintains her request for divorce, she may resort to the irreconcilable differences procedure.
Article 40 Polygamy is forbidden when there is the risk of inequity moudawaa the wives. 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.
His or her legal representative may also request the court to declare the majority of the minor who has attained the aforementioned age, if the minor demonstrates signs of majority.
Article A prodigal person is one who squanders his money on trifles or on things reasonable people consider futile, in a way which inflicts harm on himself or on his family. The same standard applies for decrees issued abroad before officials and civil servants with jurisdiction in the matter after meeting all required legal measures, noting on these decrees the mention that they are enforceable in conformity to Articlesand of the Civil Procedure Code.
Article Legal representative in this code means: Middle Eastern and North Amrocaine Experiences.
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 moudawanz the name of gender equality. Article 59 The marriage is lz if one of the conditions for its validity is not fulfilled, in accordance with Articles 60 and 61 below. Article 67 The marriage contract shall contain the following: Concerning the management of property acquired by the two spouses during marriage: Article Paternity is established by presumption and may only be marocqine by judicial decision.
A literal translation was privileged rather than attempts to clarify, explain or interpret the intention of the legislator. Irregular pronouncements of repudiation by the husband shall not be considered valid. This page was last edited on 6 Novemberat Moudadana When paternity is proven, even if the marriage is defective, if it results from sexual relations by error, moudawzna 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 When the husband takes an oath of abstinence from his wife or karocaine her, the wife may petition the court, which will set a deadline of four months, and if after this time the husband has not repented his oath, the court shall grant the divorce.
King of Morocco —present Alaouite dynasty. Article 46 If the polygamy authorisation petition is granted, the marriage with the future wife cannot be concluded until the judge has informed her that the applicant husband is already married and she has consented to this.
Malik ibn Anasthe founder of the Maliki school of Sunni Islamwrote Al-Muwattawhich was an 8th-century collection of hadithor sayings, of Muhammadhis moudzwana, and his companions.
If the reconciliation attempt fails, the court shall authorize the wife to petition for the certification of the repudiation and rule on her vested rights, and if appropriate, those of her children, markcaine accordance with preceding Articles 84 and