Family Law in the Middle East and North Africa (MENA)
The foundational unit of equality
While the last 30 years have seen significant progress in MENA - with more girls in school and more women in the workforce and across public life than ever before - discrimination remains deeply rooted in the laws governing the family. Women and girls across the region are still being held back by inequality.
According to the World Economic Forum's 2023 Gender Gap Report, the MENA region, compared to other regions, remains the furthest away from achieving gender parity, with a gender parity gap of 62.6%. Morocco, Oman, and Algeria rank the lowest in the region according to the current rate of progress, according to which full parity will only be achieved within 152 years1.
Because the family is considered the foundational unit of society, its governing laws are often seen as being tied to closely held beliefs about culture and religion. This has made family law - meaning laws that govern marriage, divorce, child custody, inheritance, and financial rights - one of the most intractable areas of reform.
Legal equality in the family is a prerequisite for women and girls to reach their full potential, and for societies to enjoy economic prosperity and sustainable development.
What do we mean by “family law”
Family laws regulate the most intimate and important parts of life. When we talk about ‘family law’, we mean the body of statutes, rules and regulations, court procedures, and customary and uncodified laws and practices that govern relationships within family units, including both de facto (in practice) and de jure (in law).
This includes, but is not limited to, areas of family relations that fall under Article 16 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), including the rights of women and men entering into marriage, divorce, custody, guardianship of children, property rights, and equal rights to inheritance. It also includes the right of a spouse to choose their profession and occupation.
According to the UN Working Group on discrimination against women and girls, the failure to ensure the equality of women and girls within the family undermines attempts to ensure equality in all areas of society.
Our Focus
As a coalition, we focus our efforts on three interconnected issues where discrimination is particularly entrenched, as identified by our members across the region. These are areas where discrimination is particularly entrenched, where public debate has often been limited, and where feminist organisations and coalitions can make a distinctive contribution.
1. Ending child marriage
Child marriage is a violation of a girl’s human rights that impacts her whole life. It deprives her of education, autonomy, health, and future opportunities. Often justified under the guise of culture, religion, poverty, or traditional gender norms, child, early, and forced marriage and unions (CEFMU) is a human rights violation that must end. Some countries in the region have not set the minimum age of marriage at 18, and many have exceptions, including parental consent or religious or customary practice.
The Goal: Establishing a clear, enforceable minimum age of 18 for all, without exception, across the Middle East and North Africa.
2. Child Custody & Guardianship
Current laws often treat mothers as temporary caregivers and fathers as permanent legal authorities (guardians). In many cases, a mother’s custody is conditional on her remaining unmarried.
The Goal: Shifting toward a child-centred approach where mothers and fathers are recognised as equal parents.
3. Financial Rights of Wives
Women’s unpaid care work is rarely recognised as a financial contribution, often leaving them with nothing after divorce.
The Goal: Legal recognition of shared matrimonial assets and the enforcement of spousal maintenance to ensure economic justice.
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Global gender gap report 2023. World Economic Forum. (2023, June 20). https://www.weforum.org/publications/global-gender-gap-report-2023/digest/