i. Marriage
The reformed Mudawana defines marriage as “a legal contract by which a man and a woman consent to unite in order to have a common and lasting marital life.”74 The stated goal of marriage, among other things, is to create “the foundation of a stable family.”75 Previously, the code allowed the husband alone to direct the marriage and required the wife’s “obedience.”76 In addition, the previous code specifically cited the need to procreate.77 Article 19 now establishes the age of marital consent as eighteen for men and women.78 Previously, the age of consent was eighteen for men, but fifteen for women.79 Article 24 removes the odious guardianship requirement80 and makes matrimonial guardianship exclusively the woman’s decision.81 Finally, under the previous code, men and women had separate rights and duties.82 The reformed code eliminates this language and establishes men and women’s reciprocal rights and duties.83
These changes redefine marriage closer to an equitable partnership, rather than male-dominated subjugation. Women are no longer sexual objects with an explicit duty to procreate,84 and a new emphasis on “reciprocal rights and duties” replaces obedience to the husband.85 Likewise, removing the guardianship provision and raising the age of marital consent increase the autonomy of women. In addition to increased female autonomy, these changes remind men of their duties within marriage, thereby attempting to alleviate some of the social pressure placed on women.