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Who owns the dowry in Moroccan marriage law?

Last updated 7/6/20260 viewsProvisional

In Moroccan marriage law, the sadaq (dowry) is the wife's exclusive property with full disposal rights. The husband cannot demand reimbursement or consideration unless she freely consents.

The sadaq (dowry) is the exclusive property of the wife. She has free disposal of it, and the husband cannot demand from her, in return, a contribution of furnishings or anything else (art. 29). Whether it is modest or substantial, in kind or in cash, the husband can demand neither its reimbursement nor any consideration in return, unless the wife consents to it of her own free will (art. 29).

A few practical points:

  • What the dowry is: what the husband gives to his wife as a token of his wish to found a stable family; its value is above all moral and symbolic (art. 26). The law recommends keeping its amount moderate (art. 28).
  • When it is paid: payment may be agreed in advance or deferred, in full or in part (art. 30). If the marriage is consummated before payment, the dowry becomes a debt owed by the husband (art. 31).
  • How much: the wife is entitled to the full sadaq in the event of consummation of the marriage or death before consummation; in the event of divorce before consummation, she is entitled to half (art. 32).
  • Limitation: the dowry is not subject to any limitation period — the wife may claim it regardless of how long the marriage has lasted (art. 33).

This is general legal information, not legal advice. For advice on your specific situation, consult a lawyer admitted to the Bar in Morocco.

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