The legal system of Morocco
A French-derived civil-law system layered over Maliki Islamic law, with the balance between them differing by subject matter. Commercial, obligations and procedural law follow the French model closely, and the Dahir of 1913 on Obligations and Contracts still supplies the general law of obligations. Family law is governed by the Moudawana, comprehensively reformed in 2004 to raise the marriage age to eighteen, place polygamy under judicial control, replace unilateral repudiation with judicial divorce and give women equal grounds to dissolve a marriage — the most significant Islamic family-law reform of its generation. The King's position as Commander of the Faithful gives him religious authority distinct from his constitutional powers.
Legal tradition
Morocco belongs to the civil law with islamic law in personal status tradition. A French-derived civil-law system layered over Maliki Islamic law, with the balance between them differing by subject matter. Commercial, obligations and procedural law follow the French model closely, and the Dahir of 1913 on Obligations and Contracts still supplies the general law of obligations. Family law is governed by the Moudawana, comprehensively reformed in 2004 to raise the marriage age to eighteen, place polygamy under judicial control, replace unilateral repudiation with judicial divorce and give women equal grounds to dissolve a marriage — the most significant Islamic family-law reform of its generation. The King's position as Commander of the Faithful gives him religious authority distinct from his constitutional powers.
How power is divided
Unitary but substantially regionalised since 2015, with twelve regions holding directly elected councils and their own budgets under the advanced regionalisation programme. Regions have executive competences in development planning and transport; they do not legislate.
Where law comes from
- The Constitution
- Supreme; reviewed by the Constitutional Court.
- Dahirs
- Royal decrees; the historic form of much foundational legislation, including the 1913 Code of Obligations.
- Legislation
- Statutes of parliament, with organic laws requiring mandatory constitutional review.
- Islamic law (Maliki school)
- The basis of the Moudawana and the residual source in personal status.
- International treaties
- The 2011 preamble asserts the primacy of ratified conventions over domestic law.
The legal profession
Avocats are admitted to one of the regional bars and organised nationally through the Association des Barreaux du Maroc; practice before the Court of Cassation requires additional seniority. Notaries and adouls coexist — the notaire handles conveyancing and company documents in the French tradition, while the adoul draws up marriage and inheritance instruments under Islamic law. Judges are career appointments trained at the Institut Supérieur de la Magistrature.
Law by topic in Morocco
- Immigration & NationalityLaw 02-03, with two regularisation campaigns and a pending asylum statuteEntry, residence and removal are governed by Law 02-03 of 2003. Morocco ran regularisation campaigns in 2014 and 2016 for irregular migrants, but a domestic asylum law has been drafted rather than enacted.
- Tax LawA unified General Tax Code converging on a 20 per cent corporate rateThe Code Général des Impôts consolidates corporate tax, income tax and VAT. The 2023 finance law began a phased convergence of corporate rates toward 20 per cent, with 35 per cent for large profits.
- Business & CorporateFrench-model commercial law with an active investment-incentive regimeThe 1996 Commercial Code and Law 17-95 on public limited companies govern business organisation, with Casablanca Finance City and industrial acceleration zones providing preferential tax treatment.
- Family LawThe 2004 Moudawana, the region's most-cited personal status reformThe 2004 Family Code raised the marriage age to 18, made polygamy subject to judicial authorisation, replaced male guardianship with joint responsibility, and moved divorce under court supervision.
- Constitutional LawA 2011 constitution that constrains but preserves the monarchyThe 2011 constitution, adopted after the February 20 protests, transferred significant powers to an elected government while retaining the King's religious authority as Commander of the Faithful and his control over strategic sectors.
- Property & LandThree coexisting land regimes: registered, unregistered melk, and collectiveLand is held under the Torrens-style registered system, under customary melk title evidenced by adoulaire deeds, or as collective tribal, habous or guich land, each with different transfer rules.
- Employment & LabourThe 2003 Labour Code, with severance calculated by length of serviceLaw 65-99 codified employment in 2003, setting a 44-hour week, statutory dismissal procedure and indemnities. Dismissal without a valid reason exposes the employer to damages on a statutory scale.
- Civil ProcedureFrench-model procedure with specialised commercial and administrative courtsThe 1974 Code of Civil Procedure governs ordinary litigation, with separate commercial courts since 1997 and administrative courts since 1993, and a Court of Cassation at the apex.
- Criminal LawA 1962 penal code under long-running reform, with the death penalty in abeyanceThe Penal Code of 1962 and the 2002 Criminal Procedure Code follow French structure. No execution has been carried out since 1993, and a new penal code has been in draft for years.
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