v. Inheritance
The most significant reform regarding inheritance is a provision that allows grandchildren from either a deceased son or a deceased daughter of a grandparent to receive an obligatory amount of the grandparent’s estate.119 Previously, only the grandchildren from a deceased son were eligible.120 This discrepancy was “based on obsolete tribal custom, not on any religious or legal grounds.”121 Thus, the previous code seemingly recognized urf (custom)122 that did not comply with Shari’a. The reformed Mudawana eliminates this discrepancy.123
The reformed Mudawana also extends greater rights to women and children regarding paternity disputes. Previously, twelve witnesses needed to testify in court and offer evidence to a judge to establish the paternity of a child born out of wedlock.124 Now, children born out of wedlock receive legal recognition, and if an individual denies parentage, courts will use scientific testing to resolve the dispute.125 While Morocco previously ratified the Convention on the Rights of the Child (CRC),126 which requires similar actions, the reformed Mudawana establishes these international principles in Moroccan domestic law for the first time.127 As with divorce law reforms, reforms to inheritance law strengthen women’s rights and the rights of children. In addition, the correction of an improper urf and the codification of international legal principles from the CRC demonstrate the flexibility of these reforms in addressing both local customary law and the codification of international legal principles from an expansive multilateral treaty. In both cases, the reformed Mudawana strengthened women’s rights.