Positive Developments in Muslim Family Laws

The Family Code requires each spouse to cohabitate in harmony, mutual respect and kindness, contribute jointly to the preservation of the family’s interests, the protection of their children and the provision of a sound education for them and mutually agree in the management of the family’s affairs, including the spacing of births.

The Family Code (M​oudawana) recognises marriage as a partnership of equals and specifies the ‘mutual rights and duties’ between spouses which includes: (i) cohabitation, mutual respect, affection and the preservation of the family interest; (ii) both spouses assuming the responsibility of managing and protecting household affairs and the children’s education; and (iii) consultation on decisions concerning the management of family affairs.

Under the Constitution and the Civil Code, the family is based on equality between spouses.