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Inheritance & wills in Morocco

The Mudawana (Family Code, Law 70-03 of 2004) governs personal status; inheritance follows the Maliki school. Wajib Wasiyyah applies to orphaned grandchildren (art. 369-372).

Informational — not legal advice

Statutes change; statements here reflect publicly available references as of 2025. For specific drafting and probate, consult a qualified lawyer admitted in Moroccoand a scholar familiar with your madhhab.

How inheritance works

The Mudawana (Family Code, Law 70-03 of 2004) governs personal status; inheritance follows the Maliki school. Wajib Wasiyyah applies to orphaned grandchildren (art. 369-372).

What makes a will valid

Wasiyyah ≤ 1/3, in writing, signed before two ʿadl notaries (notaires adoulaires) or in handwriting (holographic).

Registration & where to lodge

ʿAdl notaries register wills under the Ministry of Justice and Liberties. Heritage deeds (إراثة) are issued by the Family Court.

Witness rules

2 ʿadl notaries (most common); 2 adult Muslim witnesses suffice for holographic wills.

Zakat in Morocco

Collecting authority
Ministère des Habous et des Affaires Islamiques
Tax relief
Donations to associations recognised as “d’utilité publique” deductible under CGI art. 10
Maximum relief
Actual amount paid, capped per CGI
Notes
No state collection of Zakat. Habous Ministry oversees mosque-level collection; Conseil Supérieur des Ouélmas issues annual fatwa references on Nisab.

Forced heirship & statutory overrides

Faraid + statutory Wajib Wasiyyah for orphaned grandchildren (Mudawana Arts. 369-372, added by Law 70-03). Cannot be defeated by a will; grandchild takes what the predeceased parent would have received, capped at 1/3.

Probate / execution after death

Family Court (قسم قضاء الأسرة / Chambre familiale) issues إراثة after verifying heirs and applying Maliki faraid; the Agence nationale de la conservation foncière (ANCFCC) updates the Land Registry, and banks release funds on that deed.

Scholar notes

Maliki madhhab is state-default. The Conseil supérieur des Oulémas (chaired by the King) issues fatwa references.

Common pitfalls

  • Land titled under "melk" requires Land Registry inheritance entry; "habous" (waqf) land follows separate rules.

Official authorities & registries

FAQ — Islamic will & inheritance in Morocco

  • Is Islamic inheritance (faraid) legally recognised in Morocco?

    The Mudawana (Family Code, Law 70-03 of 2004) governs personal status; inheritance follows the Maliki school. Wajib Wasiyyah applies to orphaned grandchildren (art. 369-372).

  • What makes an Islamic will (Wasiyyah) legally valid in Morocco?

    Wasiyyah ≤ 1/3, in writing, signed before two ʿadl notaries (notaires adoulaires) or in handwriting (holographic).

  • Where do I register my will in Morocco?

    ʿAdl notaries register wills under the Ministry of Justice and Liberties. Heritage deeds (إراثة) are issued by the Family Court.

  • Does Morocco have forced-heirship rules that override an Islamic will?

    Faraid + statutory Wajib Wasiyyah for orphaned grandchildren (Mudawana Arts. 369-372, added by Law 70-03). Cannot be defeated by a will; grandchild takes what the predeceased parent would have received, capped at 1/3.

  • How does probate work in Morocco?

    Family Court (قسم قضاء الأسرة / Chambre familiale) issues إراثة after verifying heirs and applying Maliki faraid; the Agence nationale de la conservation foncière (ANCFCC) updates the Land Registry, and banks release funds on that deed.

  • How many witnesses do I need for a will in Morocco?

    2 ʿadl notaries (most common); 2 adult Muslim witnesses suffice for holographic wills.

  • What are the most common Islamic-will pitfalls in Morocco?

    Land titled under "melk" requires Land Registry inheritance entry; "habous" (waqf) land follows separate rules.

Ready to draft?

Apply this knowledge in the Wasiyyah writer or run the inheritance numbers.