The Minister of Justice, Mohamed Naciri, launched a national awareness campaign in Taroudant on Monday regarding the regularisation of customary marriages, following the extension until February 2014 of the deadline set by the Family Code.
The campaign follows the amendment of Article 16 of the Moudawana, which stipulates that a marriage certificate is the only legal proof of a marital union and that any action for the recognition of marriage is admissible during a five-year transitional period, starting from the date the Family Code came into force in 2004.
At the end of the first phase in 2009, the number of judgments rendered had certainly increased from 6,918 in 2004 to 18,751 a year later, before reaching 23,390 in 2008. Nevertheless, some 9,000 files registered with the courts but not yet regularised were still pending, to which a large number of other cases across the Kingdom are added, as well as cases for Moroccans residing abroad.
Faced with this situation, a draft law was adopted to extend this deadline by an additional five years.
The Minister also launched an appeal to seize this opportunity, assuring that his department has mobilised all human, material, and logistical resources to "curb this phenomenon before the new transitional phase on 5 February 2014, in harmony with the modernist evolution that Morocco is experiencing, which requires stable and solidary social structures".
Procedures and steps have been simplified, and measures have been taken to bring justice closer to the citizens, particularly in remote and difficult-to-access regions, the Minister assured.
In Aït Iaaza, one of the 89 communes of the Taroudant province, which is mostly mountainous and landlocked, the example was set on the first day of this campaign of the "proximity justice" favoured to deal with this phenomenon.
Magistrates travel to remote regions and take charge of all administrative procedures to allow for the officialisation of marriage relations contracted through the Fatiha before the Jmaâ. The court admits all means of proof as well as recourse to expert opinion.
Members of the Moroccan community abroad concerned by this issue also benefit from facilities to initiate an action for the recognition of marriage by contacting the Kingdom's consulates in their countries of residence.
Explaining the importance of this awareness campaign, the Minister recalled that the marriage certificate does not only guarantee the authenticity of the marriage but also and above all the affiliation of children and the protection of their rights, the preservation of the spouses' rights in the event of property division, alimony, and many other rights.
Naciri indicated that the State is determined to act to put an end to customary marriage through awareness-raising and the promotion of proximity justice, adding that these actions are part of the reform of the justice system, which also involves the simplification of procedures and the training and professional development of judges specialising in the Family Code.
He expressed the hope that all concerned partners, including civil society, lawyers, and the media, will join this information and awareness campaign to inform the public about the provisions of Article 16 of the Family Code.
After Taroudant, other stops, particularly in rural areas, are planned as part of this awareness campaign initiated by the Ministry of Justice jointly with the Ministry of the Interior and civil society associations.
News 01 Feb 2011 3 min read
An awareness campaign

