CHILD CUSTODY LAW IN MOROCCO
By Professor Gabriel Sawma
Custody of the children in Morocco
is governed by the 2004 Family Law known in Arab as Almudawana which is
based on Islamic law. Accordingly, custody is defined as protection of the
child from harm and carry out his or her upbringing and interests. The
custodian must take all the necessary steps to preserve the child’s safety.
Custody is one of the parent’s
duties as long as the marital relationship exists. If the spouses do not agree
on the custody of the children after divorce, the court must determine who gets
custody.
The Family Law of Morocco
distinguished between daily care (hadana) and the legal rights of the
guardian (wali). Article 171 gives dily care to the mother until the age
of seven, then to the father and then to the grandmother of the child.
When the child reaches the age of
seventeen, the law allows him or her to choose which of the parents they wish
to live with. When there is separation, custody of children at tender years
belongs to the mother, and when she is dead or is unfit to the task, custody
passes on to her female relatives.
The father retains guardianship and
parental control over the child; he makes all important decisions regarding the
minor child, such as decisions related to education, financial support, and
marriage.
If the wife is disqualified to get
custody, custody does not automatically pass to the father. The right to
custody remains in the family of the mother, and her mother or sister is
regarded as the appropriate person to care for the child. Custody is warded to
the father only if circumstances compel the judge to disregard the preferential
right of the mother and her relatives.
For more information on this topic,
you may email me at gabrielsawma@yahoo.cm
or visit my website at https://islamicdivorceinusa.com
Gabriel
Sawma is
a lawyer with Middle East Background, and a recognized authority on Islamic law
of marriage, divorce, and custody of children, Professor of Middle East
Constitutional Law and Islamic Sharia (law), and Expert Consultant on Islamic
divorce in U.S. Courts. Admitted to the Lebanese Bar Association. Former
Associate Member of the New York State Bar Association, and former Associate
Member of the American Bar Association.
Professor
Sawma lectured at the American Academy of Matrimonial Lawyers (AAML) in New York
State and universities in the U.S., Europe, and the Middle East. He wrote
Affidavits and legal opinions to State Courts, Immigration authorities
throughout the United States.
Travelled
extensively to Saudi Arabia, the Arabian Gulf region, and other countries in
the Middle East, and wrote numerous articles on Islamic divorce in USA and
abroad.
Prof.
Sawma speaks, reads and writes, Arabic, English, French and a few other Semitic
languages spoken in the Middle East.
Interviewed
by the following news organizations;
BBC: http://news.bbc.co.uk/2/hi/south_asia/8608878.stm
CNN:http://edition.cnn.com/2009/WORLD/meast/11/11/egypt.divorce/index.html
CBN: http://www.youtube.com/watch?v=fdwReohaIcs
Professor
of Islamic Finance at the University of Liverpool (2012)
CONTACT
INFORMATION
Email: gabrielsawma@yahoo.com
Email: gabygms@gmail.com
Tel.
(609) 915-2237
VISIT
OUR WEBSITES AT THE FOLLOWING LINKS:
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