Fātiḥa Marriage in Morocco

This paper investigates the debates over, and the promulgation of, the new Moroccan laws on unregistered customary marriages and on establishing the paternity of offspring resulting from such marriages, and it analyzes how those laws have been implemented by the judiciary. The paper closely examines the relevant deliberations of the Moroccan Royal Advisory Commission, and analyzes 24 court cases involving the laws. I argue that, while monogamous registered marriage is depicted in the national legal system as the basis for establishing a modern Moroccan society, legislators regard fātiḥa marriage as a social reality that has its roots in customs and religious practices. The paper shows that judges abide by the conditions specified in law but differ in their interpretation of “force majeure” when it comes to a couple’s having not registered their marriage. The study also reveals how the laws create legal loopholes in terms of underage marriage and polygyny, which are strictly restricted in the code.