Saturday, April 09, 2022

 

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:

http://www.gabrielsawma.blogspot.com

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