Morocco · Overview
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.
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