🧭 Region & Middle East · #40
Morocco: is it hard to obtain permission for polygyny under the Moudawana?
Yes, it is among the strictest of the laws that still permit polygyny. Under the Moudawana 2004 (based on Maliki fiqh), polygyny is prohibited where injustice is feared, and prohibited if the wife stipulated in the contract that her husband would not marry again (article 40). The court does not permit it without an exceptional and objective justification, or if the husband cannot support two families (article 41). The husband applies with a financial statement (article 42), the existing wife is summoned (article 43), and the prospective wife must be informed and state her consent (article 46). If the first wife chooses divorce, her entitlements must be paid within 7 days or the application is deemed withdrawn (article 45). In 2020 there were only 658 cases, or 0.3% of contracts. See Middle East.
Sources
Moudawana (Moroccan Family Code) 2004, article 40–46