Moktilar Article Maintenance for the wife shall be awarded by judicial decision starting from the date the husband has ceased to pay the maintenance expenses incumbent upon him, and the wife does not lose her right to maintenance unless she has been ordered to return to the conjugal home and has refused. On the basis of the Constitution, notably Chapters 26 and 58, We issued our Sherifyan Mooudawana with the following:. The decree granting the petition to marry for a minor who has not reached the age of legal capacity for marriage is not open to appeal. Of Marriage Impediments Title 4: Article 26 The dowry is that which the husband gives to his wife as an expression of his desire to marry her and to build a stable family based on affection marocaihe good amicable relations between husband and wife. Mudawana — Wikipedia If the last day of the deadline is a holiday, the deadline is extended to the first working day.
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Moktilar Article Maintenance for the wife shall be awarded by judicial decision starting from the date the husband has ceased to pay the maintenance expenses incumbent upon him, and the wife does not lose her right to maintenance unless she has been ordered to return to the conjugal home and has refused.
On the basis of the Constitution, notably Chapters 26 and 58, We issued our Sherifyan Mooudawana with the following:. The decree granting the petition to marry for a minor who has not reached the age of legal capacity for marriage is not open to appeal.
Of Marriage Impediments Title 4: Article 26 The dowry is that which the husband gives to his wife as an expression of his desire to marry her and to build a stable family based on affection marocaihe good amicable relations between husband and wife. Mudawana — Wikipedia If the last day of the deadline is a holiday, the deadline is extended to the first working day. When he or she loses capacity or is discharged or removed from his or her functions.
Mudawana new family code Equity and Reconciliation Commission. First, a young person that has not attained the age of discernment; Second, an insane person and a person who has lost matocaine mind. Of Capacity and Tutelage in Marriage Title 3: Entitle the woman who has come of age to tutelage as a right, and she may exercise it according to her choice and interests, on the basis of an interpretation of a holy verse stipulating that a woman cannot be compelled to marry against her will: Article Irrevocable divorce not practiced for the third time puts an immediate end to the marriage relationship, but does not prohibit the renewal of the marriage contract.
If the wife does not prove the harm and maintains her request for divorce, she may resort to the irreconcilable differences procedure. Furthermore, just as some scholars praise what they see as a confirmation of the compatibility of Islam and gender equality, others point out that by requiring the framing of gender equality within an Islamic framework, the means moudawaan which Muslim women can advocate for equality is inherently limited.
Article 14 Moroccans living abroad may conclude their marriage according to the local administrative procedures of their country of residence, provided that the conditions of consent, capacity, and the marital tutor if required are all fulfilled, and that there are no al impediments to the marriage nor cancellation of the dowry; and this in the presence of two Muslim witnesses and subject to the provisions of Article 21 below.
Article The husband may take his wife back during the legal waiting period iddat. H corresponding to April 3, by virtue of which are applied, throughout the Kingdom of Morocco, the provisions of Book VI, addressing inheritance. The Moroccan Family Code Moudawana of February 5, HREA Article If an engagement takes place by an offer and acceptance but for reasons of moudawaha majeure the marriage contract was not officially concluded, and during the engagement period the engaged woman shows signs of pregnancy, the child is affiliated to the engaged man on the grounds of sexual relations by error when the following conditions are met:.
Article 86 If the husband does not deposit the amount of money provided for in preceding Article 83 within the fixed deadline, marocaind is considered as a renunciation of his intention to repudiate, and the court certifies this.
Article Judicial decisions on divorce, divorce in exchange for compensation or annulment, rendered in accordance with the provisions of this code, shall not be open to appeal as concerns the termination of the marital relationship. The injured party maroczine the right to ask for the annulment of the marriage with compensation.
Persons unable to speak may legally write their consent if they are literate, and if they cannot write, any clear sign understood by the other party and the witnesses is legally sufficient. Article Mudawana is responsible for child maintenance but fails to pay it without good reason for a period exceeding one month shall become liable under the provisions governing family neglect.
Retrieved 18 October Article 51 The mutual rights and duties between spouses are: Article The legal tutor may withdraw the permission granted the young discerning person marocalne there are grounds for it.
Paternity due to sexual relations by error is established by all legal means. If moudswana wife maintains her request for a divorce in return for compensation and the husband does not consent, she may resort to the irreconcilable differences procedure.
The information that must moudawanaa included in the summary cited in the first paragraph above shall be determined in a decree by the Minister of Justice. 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 The legal waiting period of the woman whose husband has died and who is not pregnant is four full months and ten days. A summary of it is transmitted to the Civil Status office at the birthplaces of both spouses, accompanied by a return receipt within fifteen days after the judge has authenticated it.
Would any one of you agree to throw his family, wife and children out of the home into the street, or for his daughter or sister to be treated unjustly? In the end, the civil society associations that lobbied for the reforms had to work within the existing authoritarian system, appealing directly to the king for change rather than working through a muodawana political process. However, the two spouses may, under the framework of the management of assets to be acquired during the marriage, marocainne on their investment and distribution.
Article 96 When the two arbitrators disagree on the content of the report or in the attribution of responsibility, or do not submit the report within the requisite deadline, the court may conduct an additional investigation by all means it judges appropriate. In terms of social barriers, there is a madocaine gap between formal legal reforms in theory and their practice in reality.
The form and the content of the register shall be defined in a decree by the Minister of Justice. If one or both spouses were not born in Morocco, the marriage contract summary is transmitted to the Office of the Attorney General at the Court of First Instance in Rabat.
Article The ward who has come of age or whose guardianship has been removed reserves the right to take legal action against the testamentary or court-appointed guardian, or any other person entrusted with the same if he or she deems that any acts related to the management of his or her accounts or estate has been adverse to his or her interests.
Article The acknowledgement shall be proven by official certification or by an indisputable handwritten statement irrefutably made by the person making the acknowledgement.
Article 47 All conditions are binding except for those contrary to the terms and objectives of marriage and to compulsory legal rules; such conditions are void while the contract remains valid. Article The non-custodial parent is entitled to visit and be visited by the child. Concerning the management of property acquired by the two spouses during marriage: If the husband has the right of repudiation, the wife may also avail herself of this right through tamleek assignation.
Article 9 If the engaged man pays the dowry or part of it and the engagement is broken off, or if one of the parties dies during the engagement period, he or his inheritors recovers what the latter initially offered in its original state, something comparable, or something of equivalent value. The civil status officer records the information from this summary in the margins of the copy of the birth certificates of both spouses. Article 99 Failure to respect any condition in the marriage contract constitutes a harm justifying a divorce request.
Article 28 Anything that constitutes a source of legal commitment can serve as a dowry, and the dowry should be modest. Related Posts
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Bragor Article The husband shall be obligated to pay maintenance to his wife the moment their marriage is consummated, as well as if she has bidden her husband to consummate their marriage once mourawana has been duly concluded. Zakia Tahri production of: Article In the event the court grants divorce on the grounds of harm, the court may fix in the same judgement the amount of compensation due for the pa. Article The legal waiting period is mandatory only when the marriage has been consummated and real intimacy has occurred, or upon the death of the husband. The Moroccan Family Code Moudawana of February 5, 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.
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