The 2004 Moroccan Family Code: An innovation in progress Issues of private international law*

Authors : Nik TZİANOUDAKİ

Pages : 345-364

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Publication Date : 2011-12-07

Article Type : Research Paper

Abstract :The new Moroccan ‘‘Family Code1, enacted on the 5th February of 2004, launched a new era in what European lawyers considered as “Muslim or Shari’a family law’’2. Thirteen basic principles of traditional Muslim family law were changed resembling European law perceptions while the equality of the spouses before the law was substantially established3. Nevertheless, the new Code still rests attached to some provisions of core traditional Muslim doctrine. For this reason, and as far as the new law is applicable to all Moroccan citizens, even those with a domicile or habitual residence in another country, Morocco’s new Family Code presents a great interest concerning matters of private international law because of the great number of economic refugees who have flawed into Europe from Maghreb.
Keywords : Moroccan, Family, Code