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

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. The present essay aims at presenting the most important changes introduced by the new law and stressing the problems likely to arise out of the recognition and enforcement of Moroccan Courts’ decisions which are likely to be in direct opposition with ‘’European public policy’’.