Morocco: Authorities that can effect or recognize a divorce, including cases of divorce by mutual consent; whether a Moroccan embassy or consulate has the authority to effect or recognize a divorce (2003-October 2004)

In February 2004, a new Moudawana came into effect in Morocco (Arab Reform Bulletin Sept. 2004; Le Matin 7 Mar. 2004a; La Vie Économique 13 Feb. 2004).

This new family code establishes the principle of equality between men and women in couples and abolishes the duty of wives to obey their husbands (Jeune Afrique l'Intelligent 27 June 2004; Le Matin 7 Mar. 2004a; InfoSud 30 Jan. 2004; Qantara.de 2004).

Decision-making bodies involved in divorces

Under the former Moudawana, a husband could terminate the marriage simply by uttering the ritual words for a divorce and his decision would be legally binding (BBC 28 Jan. 2004; Sunday Herald 1 Feb. 2004; Qantara.de 2004). Under the new family code, the legalization of repudiation can only be obtained by a court decision (Maroc Hebdo International 14-20 May 2004; BBC 28 Jan. 2004; InfoSud 30 Jan. 2004; The Sunday Herald 1 Feb. 2004; Qantara.de 2004; Sisyphe 20 Nov. 2003; L'Express 11 Dec. 2003a; ibid. 11 Dec. 2003b; La Vie Économique 17 Oct. 2003). Under the former code, Judges had the responsibility of registering decisions of repudiation (L'Express 11 Dec. 2003b).

The new family code also lightens the process for women filing for divorce (Maroc Hebdo International 14-20 May 2004; Qantara.de 2004; L'Express 11 Dec. 2003a) and breaks new ground by allowing consensual divorce (The Arab Reform Bulletin Sept. 2004; Maghreb Canada Express Dec. 2003; L'Express 11 Dec. 2003a).

Under the new family code, a public notary (adul) can no longer authorize a divorce (Qantara.de 2004). Additional information on the role of aduls in divorce proceedings could not be found among the sources consulted by the Research Directorate.

Divorce of any kind must be authorized by a government family court (Qantara.de 2004). Zhor El Horr, president of a court of first instance, said in an interview published in the 7 March 2004 issue of the Moroccan daily Le Matin that family courts were being created as a result of the new family code and that judges specializing in family law were increasing in numbers (7 Mar. 2004b).

The objective was to create 70 family courts in which 500 specialized judges would render decisions (La Vie Économique 13 Feb. 2004). The family courts are made up of a Crown prosecutor, two judges and their assistants (Jeune Afrique/L'Intelligent 27 June 2004; Maroc Hebdo International 14-20 May 2004). Leila Rhiwi, a Moroccan women's rights activist, pointed out the difference with the former situation in which [translation] "family matters, particularly divorce, were judged by only one magistrate, who ruled arbitrarily and summarily" (Jeune Afrique/L'Intelligent 27 June 2004).

None of the sources consulted by the Research Directorate mentioned the role of family courts in cases of divorce by mutual consent.

Authority of Moroccan representatives abroad in divorce proceedings

In accordance with the new family code, the Consulate General of Morocco in Canada, located in Montreal, published the following information.

[translation]

A divorce proceeding or the recognition of a Canadian divorce can be authorized only before a judge in a court of first instance in Morocco. Divorce therefore falls under the jurisdiction of the Moroccan justice system (1 Oct. 2004, emphasis in original).

During a 1 October 2004 telephone interview with the Research Directorate, a political advisor at the Embassy of the Kingdom of Morocco in Ottawa corroborated the fact that a judge is authorized to effect or recognize a divorce. However, he said that this role, now assigned to the court, previously fell under the jurisdiction of religious authorities (Embassy of the Kingdom of Morocco 1 Oct. 2004). This information could not be corroborated by other sources consulted by the Research Directorate.

The political advisor of the Embassy of the Kingdom of Morocco in Ottawa did, however, say that some magistrates work in embassies in countries where there is a large Moroccan community, such as France, Belgium, the Netherlands and Germany (1 Oct. 2004). Additional information regarding the magistrates associated with Moroccan embassies could not be found among the sources consulted by the Research Directorate.

Preliminary steps for divorce can be made at the consulate, particularly filing for divorce, or, in specific cases, the consulate can serve as a place for an attempt at reconciliation before a decision is rendered by a judge (Consulate General of Morocco in Canada 1 Oct. 2004). The General Consulate of the Kingdom of Morocco in Toulouse, France, said that it provides notarial service for [translation] "non-reconciliation statements for divorces in Morocco" (n.d.).

No additional information on the authority that Moroccan consulates have in divorce proceedings could be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

The Arab Reform Bulletin [Washington, DC]. September 2004. Vol. 2, No. 8. Stephanie Willman Bordat and Saida Kouzi . "The Challenge of Implementing Morocco's New Personal Status Law." [Accessed 4 Oct. 2004]

BBC. 28 January 2004. Pascale Harter. "Changing Status of Morocco's Shunned Wives." [Accessed 4 Oct. 2004]

Consulate General of Morocco in Canada. Montreal. 1 October 2004. "Procédure du divorce" [Accessed 4 Oct. 2004]

Consulate General of Kingdom of Morocco in Toulouse. n.d. "Service Notariat." [Accessed 5 Oct. 2004]

Embassy of the Kingdom of Morocco, Ottawa. 1 October 2004. Telephone interview with a political advisor.

L'Express [Paris]. 11 December 2003a. Dominique Lagarde. "La femme égale de l'homme." http://www.lexpress.fr/formatimp/default.asp?idarticle=417469 [Accessed 4 Oct. 2004]
_____. 11 December 2003b. Dominique Lagarde. "Une modernité conforme à l'islam" http://www.lexpress.fr/formatimp/default.asp?idarticle=417576 [Accessed 30 Sept. 2004]

InfoSud. 30 January 2004. Carole Vann. "La femme marocaine : enfin adulte et égale de l'homme!" http://www.infosud.org/imprimable.php?article=535 [Accessed 1 Oct. 2004]

Jeune Afrique/L'Intelligent. 27 June 2004. "Femmes, encore un effort." [Accessed 1 Oct. 2004]

Maghreb Canada Express. Décembre 2003. Vol. 1, n° 6. Soumaya Naamane Guessous. "Une page nouvelle dans l'histoire du Maroc, un espoir fou dans les cœurs." [Accessed 1 Oct. 2004]

Maroc Hebdo International. 14-20 May 2004. No. 605. Chifaâ Nassir. "Le code et la discorde" [Accessed 1 Oct. 2004]

Le Matin [Casablanca]. 7 March 2004a. "Code de la famille : des signaux forts en faveur de la promotion de la condition féminine." [Accessed 1 Oct. 2004]
_____. 7 March 2004b. "La sérénité pour toute la famille." [Accessed 1 Oct. 2004]

Qantara.de. 2004. Martina Sabra. "Women's Rights: Morocco's King Takes a Courageous Step." [Accessed 4 Oct. 2004]

Sisyphe. 20 November 2003. Nadia Naïr. "La réforme du code civil au Maroc : progrès pour les femmes." [Accessed 4 Oct. 2004]

The Sunday Herald [Glasgow]. 1 February 2004. "Why a Young King is Taking Morocco into a Feminist Future." [Accessed 4 Oct. 2004]

La Vie Économique [Casablanca]. 13 February 2004. Chafik Laâbi. "Code de la famille : ce qui va suivre." [Accessed 4 Oct. 2004]
_____. 17 October 2003. Chafik Laâbi. "La femme voit enfin reconnu son statut de citoyenne." [Accessed 4 Oct. 2004]

Additional Sources Consulted

Internet sites, including: Afrik.com, Femmes du Maroc, La Gazette du Maroc, International Federation for Human Rights (FIDH), Le Monde, Women Living Under Muslim Laws (WLUML).