Moroccan nationality law
Encyclopedia
Moroccan
nationality law
is the subject of the Moroccan Dahir (decree
) of September 6, 1958, official Bulletin Number 2394. In general, Moroccan nationality is transmitted by filiation
(father and mother) or birth in Morocco. However, this gives the right to Moroccan males to transmit citizenship to their children and foreign wives, and since the last update this also possible for women. The aim of this update was to follow Morocco's recent human rights reforms
, most notably the Moroccan family code
called Mudawana
which aimed to fight gender inequality
. This has been done after much debate in the media.
Any child born in Morocco of foreign parents who themselves were born after the bringing of the law into force is a Moroccan citizen (article 9). People who have obtained Moroccan nationality by the effect of the law can claim the same rights as a Moroccan having nationality of origin (by filiation).
(Japanese nationality law
) and South Korea
(South Korean nationality law
). Unlike Morocco, South Korea and Japan do not allow their nationals to keep multiple citizenships in their adult years.
, in a speech given at the occasion of his sixth Enthronement anniversary
, declared that Moroccan women will be able to transmit their nationality to children born of non-Moroccan father. He asked the government to submit to him sensible proposals for amending the legislation on citizenship, to make sure that the suggested amendments tally with the Family Law.
The Gender and Citizenship Initiative: Country Profiles: Morocco - UNDP
Morocco
Morocco , officially the Kingdom of Morocco , is a country located in North Africa. It has a population of more than 32 million and an area of 710,850 km², and also primarily administers the disputed region of the Western Sahara...
nationality law
Nationality law
Nationality law is the branch of law concerned with the questions of nationality and citizenship, and how these statuses are acquired, transmitted, or lost. By custom, a state has the right to determine who its nationals and citizens are. Such determinations are usually made by custom, statutory...
is the subject of the Moroccan Dahir (decree
Decree
A decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
) of September 6, 1958, official Bulletin Number 2394. In general, Moroccan nationality is transmitted by filiation
Paternity (law)
In law, paternity is the legal acknowledgment of the parental relationship between a man and a child usually based on several factors.At common law, a child born to the wife during a marriage is the husband's child under the "presumption of legitimacy", and the husband is assigned complete rights,...
(father and mother) or birth in Morocco. However, this gives the right to Moroccan males to transmit citizenship to their children and foreign wives, and since the last update this also possible for women. The aim of this update was to follow Morocco's recent human rights reforms
Human rights in Morocco
Morocco’s human rights record is mixed. On the one hand, Morocco has made considerable improvements since the repressive Years of Lead under King Hassan II's reign , but under his modernizing son, Mohammed VI, there are still complaints about abuses of power.This article deals with Morocco and not...
, most notably the Moroccan family code
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
called Mudawana
Mudawana
The Mudawana is the personal status code, also known as the family code, in Moroccan law. It concerns issues related to the family, including the regulation of marriage, polygamy, divorce, inheritance, and child custody. Originally based on the Maliki school of Sunni Islamic jurisprudence, it was...
which aimed to fight gender inequality
Gender inequality
Gender inequality refers to disparity between individuals due to gender. Gender is constructed both socially through social interactions as well as biologically through chromosomes, brain structure, and hormonal differences. Gender systems are often dichotomous and hierarchical; binary gender...
. This has been done after much debate in the media.
The code
The code covering the Moroccan nationality was issued in 1958, two years after the independence of Morocco. The code has seven chapters and 46 articles. The main blocks of the code are the following:Nationality by filiation
Since the last update, the Article 6 of the Moroccan code of nationality says : a child born of a Moroccan father, or a child born of a Moroccan mother is a Moroccan citizen.Nationality by the effect of the law
According to Article 7, any child born in Morocco, of a Moroccan mother and a foreign father, is a Moroccan citizen provided that (s)he has, at the time of the declaration, a usual and regular residence in Morocco.Any child born in Morocco of foreign parents who themselves were born after the bringing of the law into force is a Moroccan citizen (article 9). People who have obtained Moroccan nationality by the effect of the law can claim the same rights as a Moroccan having nationality of origin (by filiation).
Dual citizenship
A person having a dual nationality does not lose Moroccan nationality. However, that can create problems for people who also have nationality of countries that do not allow their nationals to have multiple citizenship. Two cases are JapanJapan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
(Japanese nationality law
Japanese nationality law
Japanese nationality is a legal designation and set of rights granted to those people who have met the federal criteria for citizenship by parentage or by naturalization...
) and South Korea
South Korea
The Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...
(South Korean nationality law
South Korean nationality law
South Korean nationality law defines who is a South Korean citizen, as well as the procedures by which one may be naturalized into South Korean citizenship or renounce it.-Basic definition:South Korean nationality can be acquired in a number of ways:...
). Unlike Morocco, South Korea and Japan do not allow their nationals to keep multiple citizenships in their adult years.
Reforms
On July 2005, following the wide variety of legal and social reforms in Morocco, King Mohammed VIMohammed VI of Morocco
Mohammed VI is the present King of Morocco and Amir al-Mu'minin . He ascended to the throne on 23 July 1999 upon the death of his father.-Education:...
, in a speech given at the occasion of his sixth Enthronement anniversary
Enthronement
An enthronement is a ceremony of inauguration, involving a person—usually a monarch or religious leader—being formally seated for the first time upon their throne. This ritual is generally distinguished from a coronation because there is no crown or other regalia that is physically...
, declared that Moroccan women will be able to transmit their nationality to children born of non-Moroccan father. He asked the government to submit to him sensible proposals for amending the legislation on citizenship, to make sure that the suggested amendments tally with the Family Law.
See also
- Examples of nationality law (Citizenship) in specific countries
- Human rights in MoroccoHuman rights in MoroccoMorocco’s human rights record is mixed. On the one hand, Morocco has made considerable improvements since the repressive Years of Lead under King Hassan II's reign , but under his modernizing son, Mohammed VI, there are still complaints about abuses of power.This article deals with Morocco and not...
External links
Moroccan Nationality Code - Ministry of Communications of MoroccoMinistry of Communications of Morocco
Mincom is the Ministry of Communications for the Government of Morocco.-External links:*...
The Gender and Citizenship Initiative: Country Profiles: Morocco - UNDP
Further reading
- Benjelloun, Ali; "Le Code de la nationalité marocaine", June 1959, p. 241.
- Guilho, Pierre; "La nationalité marocaine", éd. Laporte, Librairie de Médicis, 1961.