law in Morocco

Moroccan law
Morocco has a dual legal system consisting of secular courts based on French legal
tradition, and courts based on Jewish and Islamic traditions.
The secular system includes communal and district courts, courts of first instance,
appellate courts, and a Supreme Court. The Supreme Court is divided into five
chambers: criminal, correctional (civil) appeals, social, administrative, and
constitutional.

3.

Constitution History of Morocco (1):
Morocco has a long history of civilization that dates back to the Neolithic age (2000 BCE). For
a time it formed part of the Roman empire, and was later home to Islamic and Berber empires.
Under the Berbers, Morocco reached its territorial peak, with the incursion onto the Iberian
Peninsula.
In 1631, the Alaouite dynasty came to power. The current monarchs of Morocco are of
Alaouite descent. In the 19th century, Morocco struggled, largely successfully, to maintain
independence during the era of Europe’s North African colonialism. However, due to its
geopolitically important position at the mouth of the Mediterranean, European interest in
Morocco was strong. Spain occupied the northern portion of the territory in 1860, while the
French expanded their possessions in neighbouring Algeria to occupy the remaining half of
the country in 1912.
While Morocco fought for the French in World War II, an independence movement began
shortly after the war ended. Occupied with the independence movement in Algeria, the French
lost control of Morocco and granted it independence on 2 March 1956, while the Spanish also
turned over their possessions in the same year.

4.

Constitution History of Morocco (2):
• The Sultan Mohammed V established a constitutional monarchy in which he maintained a
large amount of authority. He was followed by Hassan II on 3 March 1961, who is best
known as the ruler during a long period of government repression termed “the years of
lead.” He began his reign by naming himself prime minister and appointing a new Cabinet.
Hassan II then drew up a new constitution which was adopted by a national referendum in
1962.
• This constitution made the king as the central executive figure of the government. It also
created a bicameral parliament and an independent judiciary. The period of political
reform came to an end, however, when Hassan II was granted full executive and legislative
powers under a state of exception due to political unrest over allegations of government
corruption in June 1965. When the protests were quelled by the government, the king
restored the Parliament, but with limited powers. A new constitution was drafted in 1970
eliminating one of the houses of Parliament and increasing the king’s powers, but it was
abandoned after an attempted military coup in July 1971. Another constitution was passed
by referendum on 10 March 1972, but another attempted coup occurred in August of that
same year. This document allowed the king to maintain his powers, but it more clearly
defined the balance of power between the monarch, council of ministers, and the
parliament.

5.

Constitution History of Morocco (3):
• When Western Sahara was partitioned in April 1976, Morocco acquired control of the
northern two-thirds of the country. The constitutional amendments in 1992 and 1996
expanded the parliament’s powers to include budgetary matters, approving bills,
investigating ministers, and establishing ad hoc commissions of inquiry to question the
government’s actions. The 1996 amendment moreover re-established the bicameral
legislature.
• Hassan II died in 1999 and his son Mohamed VI took the thrown, promising to end
government corruption, release prisoners, and address human rights violations.
However, political protests arose in 2011 in the wake of the so-called Arab Spring,
demanding political reforms placing more power in the hands of elected
representatives. In order to stay ahead of the movement that had toppled
governments in nearby Tunisia and Egypt, the king appointed a commission of experts
who drafted a new constitution in close consultation with a commission of experts who
functioned as a liaison between the drafters and political parties, unions, businesses,
and human rights organizations. However, the input of these groups was minimal, as
they were only allowed to submit recommendations and were not privy to the actual
negotiations and drafting. The new constitution passed by referendum on 1 July 2011.

6.

Mudawana law
• A new family code – the Moudawana – was unanimously adopted by
the Moroccan parliament in February 2004. The new law is a
landmark reform of the status of Moroccan women as it puts them on
equal footing with men in regard to marriage and children.
The new code places the family under the joint responsibility of the
husband and the wife instead of the husband only and curbs the
submission of women to the guardianship of a male member of the
family.

7.

Main Changes to the Family Code:
* Minimum age of marriage raised to 18 for women
* Sharing of property between married couples
* Polygamy strictly controlled
* Repudiation and divorce can be initiated by women and are subject
to judicial supervision
* Possibility of women to retain custody of children
* Inheritance rights improved for women
* Recognition of children born out of wedlock and simplified proof of
paternity procedure
* Removal of degrading language toward women in the family code
* Provisions on children’s rights in accordance with the international
instruments ratified by Morocco

8.

Morocco law sources:
The first Constitution of Morocco was adopted in 1962, 6 years
after the country regained independence. A referendum on
constitutional reforms was held in Morocco on 1 July 2011. ...
Morocco has a dual legal system consisting of secular courts based
on French legal tradition, and courts based on Jewish and Islamic
traditions. The secular system includes communal and district courts,
courts of first instance, appellate courts, and a Supreme Court.
Morocco is a Muslim country which follows Islamic laws and customs.

9.

French legal system:
• Unlike the English-speaking countries, France has a dual legal system;
one branch, known as Droit public, or Public law, defines the
principles of operation of the state and public bodies. This law is
applied generally through public law courts, known as les Tribunaux
administratifs.
• France follows a civil law legal system wherein laws are made
through acts or statutes passed by the elected representatives of the
people. French law is broadly divided into two principal areas: private
law and public law. Private law includes, in particular, civil law and
criminal law.

10.

Conclusion
The reforms that Morocco has undertaken in various sectors constitute
an identifiable programme. Beginning with political reforms in the
1990s, reforms have expanded into a broader range of fields. The
model for these reforms is clearly a Western, especially European
one. Actors within the kingdom have pushed for reforms but their
progress owes much to external pressure and a desire on the part of
the Moroccan authorities to project a moderate and progressive image
in Western countries.

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