Abdelatif Wahbi, the Minister of Justice, stated that recognizing domestic work within the context of revising the Moroccan Family Code is not just a “legal necessity, but also a constitutional and ethical obligation that is central to Morocco’s international commitments, particularly the Convention on the Elimination of All Forms of Discrimination Against Women and related agreements regarding economic and social rights.” He added that “this recognition has its roots in the Moroccan legal and social memory.”
Wahbi clarified in his speech during an international conference on “Recognizing the Value of Domestic Work and Accounting for It in Divorce Cases – Comparative Experiences,” organized by his ministry in partnership with the European Union and the Council of Europe under the MA-JUST trilateral cooperation program, that “some Amazigh customs uphold the principle of ‘ked and sa’aya,’ which recognizes the wife’s rights in acquired wealth, supported by numerous scholars and jurists in full harmony with the purposes of Islamic law.”
The minister highlighted that “the Kingdom of Morocco is increasingly prioritizing the issue of women’s economic equity,” noting that “this initiative comes within the context of the comprehensive and deep revision that Morocco has launched for the Family Code, aimed at establishing the principles of justice and equality, ensuring the dignity of all family members, particularly women and children.” He emphasized that the Ministry of Justice is “aware that recognizing actual equality does not only pass through texts, but also through restoring the status of the invisible work carried out by millions of women in their homes.”
From this perspective, the government official confirmed during his address, which was followed by Rima Lablaïli, Director of Cooperation and Communication at the Ministry of Justice, that “Article 49 of the Family Code as it stands today poses a real problem by linking the distribution of wealth acquired during marriage to a prior agreement between the spouses, something that rarely happens in reality, thus weakening its protective effect,” highlighting that Morocco is open “to discussing the possibility of developing this provision and other related texts.”
The Minister of Justice affirmed that the goal is “to ensure the explicit recognition of the value of domestic work as a component of family wealth creation and to provide compensation for it upon separation, in a fair and realistic approach.” He indicated that “the issue of legal and economic recognition of unpaid domestic work for the wife occupies a central place in social and human rights discussions, not only for its symbolic dimensions related to women’s justice but also for the significant economic and developmental stakes it carries.”
He explained that “domestic work, which has long been confined to the traditional notion of being a ‘natural duty’ imposed on women, is in fact a fundamental pillar for family stability and a determinant factor in wealth production and economic cohesion.” He added, “Today, we are experiencing major transformations affecting the economic, cultural, and social structures at both the national and international levels; it is no longer acceptable to continue ignoring this essential role of women at the heart of the productive system.”
Wahbi emphasized that “organizing this conference today, in collaboration with our international partners, is an opportunity to share comparative experiences and learn from European models that have made significant strides in this field.” He hoped that the outcomes would “serve as a catalyst for supporting the ongoing national dialogue on reforming the Family Code and developing our legislative tools in line with royal directions and our human rights commitments,” and that “we achieve a Family Code that is more just and a society that is more equitable and equal.”
