It should be said, hence, one in the current Moroccan family members legislation there is absolutely no style similar to that (understood in The country of spain) because parental rights, which presupposes, anyway, equality anywhere between anyone in relation to the responsibilities and you can rights with the kids.
According to Moroccan statutes, only the dad holds parental legal rights over their youngsters, in addition to mommy holds the authority to mention the kid (hadana) , that is individual and you can matter worry (except alimentation) before the kid arrives old. Hadana includes the latest care and attention supplied by anyone (usually the mommy) to another and, alot more especially, can be defined as suitable/obligation to bring up the man. Hadana is actually a right kept by the particular persons, according to an order off preferences depending because of the Family Password The latest Maliki School obviously says that hadana ‘s the correct away from specific persons, even if its routine must respond to the brand new passions of your son.
179), although the tutelage (wilaya) corresponds, legally, into the father of your own son (artwork. 236). The brand new court get turn to the help of a personal worker to set up an overview of the place to find the one who holds hadana additionally the extent that it fits the material and you can moral need of your own kid (ways. 172 CF).
Within perspective the usage of the term “tutelage” to refer on the relationship established involving the father and also the kid since 
regarding (legitimate) parentage is mistaken
Hadana might be granted very first on mother, upcoming with the dad (artwork. 171 CF). But the mom may cure hadana ahead of the daddy when the she actually is maybe not Muslim or if perhaps she lives outside Morocco, even if the ple, and also the father is able to establish ahead of a good Moroccan judge one new marital residence is for the Morocco. Continue Reading…