Moroccan Family Law: Discussions and Responses from the Netherlands

Abstract

Many Moroccans living in Europe maintain transnational ties with their country of origin. Maintaining such transnational relationships also has a legal dimension, especially in the field of family law. The ongoing significance of Moroccan family law for Moroccan migrants in the Netherlands and their children has fuelled a variety of projects from women’s NGOs, migrant organisations, as well as Dutch social work organisations. In addition to providing transnational legal aid, there have been many initiatives to educate women and, more recently, men, about their rights in Dutch and Moroccan family law and Dutch migration law. While these projects have been taking place since the 1980s, they gained new momentum after Morocco substantially reformed its family law in 2004, a reform explicitly framed to improve the legal position of women in the family. Taking a closer look at initiatives and activities in the field of transnational Moroccan family law, this paper will focus on two major issues: the introduction of the new Moroccan family code in 2004 and the issue of women left-behind in Morocco by their Moroccan-Dutch husbands.