35 MARTINDALE CENTER FOR THE STUDY OF PRIVATE ENTERPRISE Additionally, under Article 16 of the Family Law, unregistered marriages can be legalized (ESEC, 2019). This article permits retroactive registration of marriage. Therefore, judges are forced to recognize marriage under Al Fatiha, customary marriages that are unregistered, regardless of a woman’s age when she was first married. In practice, Article 16 leads to the legal registration of child marriages that were left unregistered until the woman turned 18 (ESEC, 2019). Therefore, while the 2004 reform of the Family Code was presented as progress for women’s rights, in reality, little changed to help young girls who are vulnerable to underage marriage. Current articles in the Moroccan Penal Code indirectly result in underage marriage. Article 490 of the Criminal Code criminalizes sex before marriage (UNICEF, 2021). Knowledge of a girl who lost her virginity, is pregnant, or entered into sexual relations before marriage damages her and her family’s reputation. As a result, if the family believes its daughter to have already engaged in sexual relations, many judges authorize a child marriage, claiming they did so for the benefit of the girl. In addition, many family court judges approve marriages on the basis that the girl looks mature and able to run a household, even though she may be as young as 14 years old, further revealing the autonomy judges have on matters of child marriage (Sabbe et al., 2013). Cultural barriers In addition to legal loopholes, cultural and traditional sentiments present challenges to reform, especially in rural and remote areas. This issue of child marriage is related not only to laws and reforms but also to the public’s view of women and girls and ultimately is a battle for gender equality. A Moroccan teacher explains: “A woman’s identity has historically been linked to men. New laws or codes will not change that fact from one day to the next” (Sabbe et al., 2013). This problem cannot be solved just by lawmakers declaring that child marriage is illegal. Underage marriage has been ingrained in the beliefs and practices of many families. Laws can be the foundation to build on, but attitudes and beliefs toward child marriage and women’s and children’s rights need to change for the laws to be effective. Well-intentioned reforms, such as the ability of a woman to ask for a divorce, are met with unintended social barriers. Although freedom of divorce seems to be a step in the right direction, the perception of unwed mothers in Morocco is a major obstacle to reversing a marriage. Single mothers, whether divorced or never married, are grouped in the same moral class as prostitutes (Feather, 2021). Society views divorced women as lesser than men and married women (Soukayna, 2018). Unwed mothers are shunned by society and at the same time do not have rights in Morocco. For instance, the mother or child is not entitled to any of the former husband’s money or property. Additionally, it is not the mother’s right to name her child or declare her child’s nationality; that right belongs with the child. This lack of maternal rights emphasizes the powerlessness of a single mother, because laws give more responsibility and trust to a young, inexperienced, naive, child as opposed to the mother (Feather, 2021). Therefore, a child bride divorced from her husband may find herself in a worse situation than if she had remained married. Solving the generational problem Legal reforms are met with loopholes and a continuation of generational practices. Norms imbedded in Moroccan culture make the issue of child marriage one that cannot be solved overnight. The battle against underage marriage is a continuing struggle and will take several decades of work to yield results. Morocco is not the only country facing this issue in the MENA region. Learning from these other countries can inspire new courses of action. Additionally, underage marriage should be tackled from many angles: legislation, cultural changes, and international help. There is not a single solution that will end child marriage, but a combination of increased efforts on many fronts will make a difference in the long run. Lessons from the MENA region Countries around the world have been fighting against child marriage for decades. Their continuous work has resulted in steep declines in their child marriage rates. Algeria and Tunisia, Morocco’s close neighbors, are close to eradicating child marriage, with prevalence rates of 3% and 2%, respectively (UNICEF, 2022). The explanations for these low percentages are many, including increasing gender equality and governmental commitment to this issue. Especially in Algeria, there has been a commitment to end child marriage, including ratification of the African Charter on the Rights and Welfare of the Child in 2003. In 2017, Algeria ratified the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa. The ratification of these two documents signals the clear prohibition of child marriage. Morocco has yet to ratify either of these initiatives. Additionally, the minimum marriage age for women is 19 in Algeria (Girls Not Brides, 2023). As
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