Abstract
This paper examines whether the surviving spouse qualifies as a reserved heir under Moroccan personal status law, which is inspired by Islamic jurisprudence. The author, Mohamed Chafi, explains that Moroccan law grants hereditary rights to the surviving spouse despite the complete separation of patrimonies during marriage. Spouses are classified among the "fard" heirs—those entitled to mandatory fixed shares, including one-half, one-quarter, one-eighth, two-thirds, or one-sixth of the estate. However, the paper highlights that while reciprocal inheritance rights exist between spouses, equality in distribution is not guaranteed, as the law maintains male privilege in accordance with the Quranic rule.
Recommended Citation
Chafi, Mohamed
(1989)
"Is the Surviving Spouse a Reserved Heir in Moroccan Law?,"
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management): Vol. 8:
Iss.
2, Article 19.
https://doi.org/10.66499/2665-7112.1699
Available at:
https://scholarhub.univh2c.ma/remadeg/vol8/iss2/19
DOI
10.66499/2665-7112.1699