Judicial jurisprudence: Moroccan First Instance Court Acquits Unmarried Couple

In a precedent of its kind, the rules committee of the Zagora court, carried out yesterday Monday February 15th, a bold and unprecedented jurisprudence, contrary to what is circulated regarding Article 490 of the Criminal Code which states that “every sexual relationship between a man and a woman outside of marriage is a crime of corruption.”

The Court of First Instance in Zagora rendered a decision regarding a case related to the two misdemeanors of infidelity and participation in marital infidelity, ruling that “failure to conclude a marriage contract is not a reason for considering the sexual relationship between a man and a woman corrupt.”

The judicial rapporteur emphasized that “as long as the two defendants cohabit as husband and wife, the misdemeanor of marital infidelity and participation in it is nonexistent, therefore they must be declared innocent.”

Commenting on the verdict, Naima Elgallaf, Lawyer at the Rabat Bar Association considered that in one of her posts this was a case of “initial jurisprudence”, and that “the judiciary needs such courage”.