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.
|Country:||Central African Republic|
|Published (Last):||23 December 2009|
|PDF File Size:||19.55 Mb|
|ePub File Size:||11.90 Mb|
|Price:||Free* [*Free Regsitration Required]|
Article If the woman is mudawana a precarious financial situation, the compensation for marocaihe shall not be exchanged from funds reserved for the children or their maintenance.
Inhe announced his intention to replace the code entirely, citing his authority as both spiritual and political leader of the nation, and by Januarythe Moroccan parliament ratified the new version. The Parliament further emphasizes the mobilization of all its Members behind the Commander of the Faithful to provide all the means and texts to permit the establishment of an integrated and harmonious legislative apparatus, which will serve to consolidate the family and enhance the joining of forces in society.
When the mission for which the testamentary or court-appointed guardian was designated has been marcaine or when the period of time for which the testamentary or courtappointed guardian has been designated expires; 4.
Journal of International Women’s Studies.
Major components of the reforms included raising the minimum legal age of marriage to 18 for men and women, establishing joint responsibility for the family among men and women, limiting the terms of polygamy and divorce, and granting women more rights in the negotiation of marriage contracts, among other provisions.
The latter, which came to be associated with the Association Marocaine pour les Droits des Femmes ADFMplayed a key role in a working group that examined the family code. Declaring the majority of a minor results in the acquisition by the latter of his property, as well as full capacity to manage and dispose of it, and the exercise of non-monetary rights shall remain subject to the legal texts governing them.
Mudawana – Wikipedia
Article A ruling placing a person under guardianship or removing it shall be publicized by all means deemed appropriate by the court. Of Marriage Title 1: Article 94 If either or both spouses ask the court to settle a dispute that risks to breakdown their marriage, the court must make all efforts to reconcile them according to the provisions of preceding Article However, the two spouses may, under mqrocaine framework of the management of assets to be acquired during the marriage, agree marocqine their investment and distribution.
Five years after the new Mudawana laws were passed, the president of the ADFM noted that opposition to its reforms was still present throughout the judicial system. Of Legal Capacity and Representation Title 1: Article 88 After the court receives the copy indicated in the preceding article, it shall issue a wellsubstantiated decision that includes: Article 8 Either party may recover the presents he or she offered to the other provided that the breaking off of the engagement was not his or her decision.
The Moroccan Family Code (Moudawana) of February 5, 2004
Article In the event the woman observing the legal waiting period claims doubt about her pregnancy, and there is a dispute on this matter, the case shall be referred to the court, which will resort to expert assistance to ascertain the pregnancy and date of conception in order to decide whether the legal waiting period should continue or not.
The injured party has the right to ask for the annulment of the marriage with compensation. The State is responsible for taking the necessary adequate measures to protect children, and for guaranteeing and protecting their rights according to the law. Article Paternity is a legitimate bond between the father and the child that is transmitted through generations.
As the King of all Moroccans, we do not legislate for specific groups or categories of people, rather we epitomize the general will of the nation, which we consider as our extended family. Article 74 Death and its date are established before the court by all accepted joudawana.
Article The father may designate a testamentary guardian for his child or an unborn child and is entitled to revoke any such designation.
Article The sale of marocainf property susceptible to depreciation and whose value exceeds 5, dirhams does not require authorization, and the same applies to immovable or movable property whose value does not exceed 5, dirhams, providing that the sale is not used as a means to evade judicial oversight. Article 85 The amount of vested mxrocaine due to dependent children is determined according to Articles and below, taking into consideration their standard of living and moudawxna situation prior to the divorce.
The proposed reforms drew not only on principles derived from the Universal Declaration of Human Rights but also on the Islamic principles of equality, justice, and tolerance.
A person who has been convicted for theft, breach of trust, forgery, or any other crime against morality; 2.
Article 34 All possessions the wife brings with her to the marriage including furniture and accompanying items are her property. Article In upholding the guardianship or removing it, the court shall rely on medical expertise as well as all other legal means of proof.
Article 84 The amount due to the wife includes: Article If the spouses agree on the principle of divorce in exchange for compensation, yet disagree on its amount, the case shall be brought before the court to attempt reconciliation.
Article Legal representative in this code means: If the wife personally receives the summons, and neither appears nor submits a written response, the court notifies her through the Public Prosecutor that if she does not appear, the case will be decided in her absence. Of Marriage Impediments Title 4: Article If the husband has been sentenced to imprisonment or detention for more than three years, the wife may petition for divorce after a moudaawna of his detention, and in all cases she may petition for divorce two years after his detention.
Article 58 The court shall declare such a marriage invalid in accordance with the mxrocaine of preceding Article 57 the moment it gains knowledge of it, or upon the request of the concerned party. Article 15 Moroccans who have concluded their marriage according to the laws of their country of residence must submit a copy of the marriage contract within three months of its conclusion to the Moroccan consular section of the consular district where the marriage contract was concluded.
Une nouvelle réforme de la Moudawana à l’horizon?
Article Among close relatives, maintenance is an obligation of children towards their two parents, and of the moidawana parents towards their children, according to the dispositions of this Moudawana. For example, a woman still needs her husband’s permission to obtain a passport and can be penalized for having a child out of wedlock, and there is moudawwna legislation addressing or criminalizing violence against women.
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. Of Engagement and Marriage Title 2: Retrieved 18 October There are social, legal, logistical, and political barriers to the actual implementation of many of the reforms in the new Mudawana. Article 63 Either spouse who was placed under duress or deceived by fraud with the intent to induce him or her to agree to the marriage, or by facts expressly stipulated as a condition in the contract, can petition for the annulment of the marriage before or after consummation within a period not to exceed two months from the date when the duress was lifted, or she or he discovered the fraud.