Moroccan nationality law is regulated by the Constitution of Morocco, as amended; the Moroccan Nationality Code, and its revisions; the Mudawana (Family Code; the Civil Liberties Code; and various international agreements to which the country is a signatory. These laws determine who is, or isn’t eligible to be, a national of Morocco. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Moroccan nationality is typically obtained under the jus sanguinis, i.e. by birth in Morocco or abroad to parents with Moroccan nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.
Acquisition of nationality Nationality can be acquired in Morocco at birth or later in life through naturalization.
By birth Moroccan law provides that those who acquire nationality at birth include:
Children born anywhere to a Moroccan national; however, nationality to a child born abroad to a Moroccan mother can be renounced once the child reaches the age of majority; Children born in Morocco to a father who was born in the territory and is from a country with a predominantly Arab-Muslim culture, or children born to foreign parents both of whom were born in Morocco and have permanent residency must register under a non-discretionary program; or Newborn foundlings born in the country whose parents are unknown.
By naturalization Naturalization can be granted to persons who have resided in the territory for a sufficient period of time to confirm they speak Arabic or Tamazight and understand the customs and traditions of Morocco. General provisions are that applicants have good character and conduct; are in good physical and mental health; are able to economically support themselves; and have no criminal record. Applicants must typically have resided in the country for five years. Adoption under Muslim law does not create a familial relationship, therefore a child cannot acquire nationality from a Moroccan parent by virtue of being adopted. If the adopted child was a foundling, with unknown parentage, the legal guardian can apply for a child to acquire nationality, or the child can acquire nationality on their own behalf based upon birth in the territory within two years prior to reaching majority. Besides foreigners meeting the criteria, other persons who may be naturalized include:
Children born in Morocco, to foreign parents both of whom were born in Morocco, who did not previously acquire nationality and who are regular residents of Morocco, may opt for Moroccan nationality within two years of reaching majority; Minor children are automatically naturalized when their parents acquire nationality; The wife of a Moroccan national after a five-year residency period; or Persons who have performed exceptional service to or have an exceptional interest in the nation may naturalize without meeting typical requirements by royal decree.
Loss of nationality Moroccan nationals can renounce their nationality with the approval of the authorities. Moroccans of origin may lose their nationality for working on behalf of another country without the permission of Moroccan authorities. Naturalized persons may be denaturalized in Morocco for disloyalty to the state; committing crimes against the state or state security; ordinary crimes; refusal to complete military service; or for fraud, misrepresentation, or concealment in a naturalization petition. Persons who previously had nationality and wish to repatriate must formally request reinstatement.
Dual nationality Morocco has allowed nationals to hold dual nationalities, since 1958.
History Background (200 BCE – 1500) The indigenous people of the region were the Berbers, who typically organized under dynasties united by decentralized confederations. Migrants from Rome, in the second century BCE, formed alliances with the Berbers to gain control of the region they named Mauretania Tingitana. They were ousted from the region by the Vandal Kingdom, which controlled what is now Algeria and Tunisia between 429 and 533 AD, leaving the Berbers in control of present-day Morocco. In 683, Musa ibn Nusayr of the Umayyad dynasty of Damascus, now in Syria, pushed into Ifriqiya, establishing political authority over and Islamic conversion of the Berbers. During the tenth century alliance of Berber tribes with kinship ties, established the Zenata kingdoms during the period of Umayyad rule and aligned themselves with the dynasty. These groups would rule in northern Morocco through the second half of the eleventh century. In 786, Idris ibn Abdallah fled from Mecca after the Battle of Fakhkh and made his way to Walīla in the northern part of Morocco. He was a member of the Hasanid branch of descendants of Muhammad and in 789 became ruler Idris I, establishing the Idrisid dynasty, which ruled until 974.
When the Umayyad dynasty collapsed in the middle of the eleventh century, the political organization fragmented, giving strength to the idea of the need for a unitary Islamic state in the Maghreb focused on caliphial authority. In other words, the rulers of Morocco from this time forward could not rely on religious allegiance alone, but to gain political legitimacy must have descent from Muhammad, granting them the supreme right to rule. Sanhaja chieftains founded the Almoravid dynasty in Morocco in 1056. They pursued political dominance through conquest and religious conversion to their movement. Their society was organized in a hierarchical system wherein the military caste was dominant. Under their system, military service was a privilege, and administrative posts in the government were part of the military system. In 1146, the Almohads conquered the region after laying siege to Marrakesh and seized control of the region. Moving their capital to Andalusia, they embarked on an intellectual renaissance.
The Almohads were defeated in Andalusia in 1212 by Christian Spaniards and during fifty years of war struggled to retain control of Morocco. In 1244, the Marinids dynasty began a series of campaigns to conquer the region, eventually ending Almohad control in 1269. Under their rule, the sultan provided security and judicial administration in exchange for loyalty and alliances, granting concessions to expand their economic control. Internal conflicts within the Marinid dynasty weakened their authority allowing Spanish and Portuguese traders to capture coastal areas. For example, in 1415, Ceuta was captured by Portuguese forces, who led a military campaign to conquer northern Morocco. They founded a series of trading forts along the Atlantic coast of West Africa. Introduction of Europeans created cultural clashes, as allegiance to a sultan was not territorial, but rather to the legitimacy of the ruler as a descendant and representative of Muhammad. The inability of the Marinds to stop the European invasion, brought about the rise of the Wattasid dynasty in the second half of the fifteenth century. Though local chiefs were able to repel the expansion of the Portuguese to the interior of Morocco, the Wattasids were unable to control the encroachments into trade networks and the Portuguese attempt to spread Christianity. The collapse of the Muslim kingdoms in Spain in 1492 with the taking of Granada led to waves of Spanish Muslim refugees resettling in North Africa, who engaged in raiding and focused on expanding their influence in the region. The Spaniards established settlements in 1497 at Melilla, in 1505 at Mers El Kébir, in 1508 at Peñón de Vélez de la Gomera, in 1509 at Oran, and in 1510 at Bejaia.
Islamic states and outside contact (1500–1880) As the Wattasid dynasty began its decline, decentralization and anarchy allowed the tribes in the plains to become autonomous, the north to be dominated by Portugal and Spain, and the south to be consolidated by the Sufi Saadi Sultanate. In an attempt to unite the inhabitants of Morocco against the European threats, the Saadian sharifs created a political and religious movement which was successful in stopping the Christian penetration by 1510. By 1541, the Portuguese had been driven out of the region and abandoned their protected areas; however, with the creation of the Iberian Union, Spain laid claim to the remaining Portuguese possessions, particularly Ceuta. Continued conflict with European powers and expansion of the Saadians, led the northern Wattasid dynasty to seek an alliance with the Ottoman Empire in 1545. Despite attempts from the Ottomans to gain recognition in Morocco, their religious, and thus political, authority was brought into question, because they lacked descent from Muhammad. As a result, treaties were negotiated between Morocco and the Ottoman Empire, establishing the limits of Ottoman territorial control in northwestern Africa. Though from 1600, the reign of the Saadians was marked by succession crises, division, and reunification, they remained in power until 1669.
Moulay Al-Rashid of the 'Alawi dynasty, a different branch of Hasanid line than the Idrisids, became ruler of all of Morocco in 1669. He was succeeded in 1672 by Moulay Ismail, who aimed to expand the Moroccan borders, attempting to wrest territory from the Ottomans, Spanish, and English. After his death in 1727, a succession crisis and internal conflicts, disrupted the country until 1757, when Mohammed ben Abdallah became sultan. Known for his diplomacy, he established friendly relations with Spain, England, and France, and developed a cooperative policy with the Ottomans to work together against the threats of European incursion. When the French invaded Algeria in 1830, Morocco was compelled to preserve the regional Muslim traditions and was invited to take the inhabitants of Tlemcen under protection. French military power forced the Moroccans to yield, and call on France's rival, Britain, for protection. In 1856, Morocco signed a treaty with the British, granting them trade privileges and the right to extend their protection to Moroccan subjects. Similar arrangements were followed by other European powers, allowing much of the Moroccan economy to be controlled by foreigners.
European protectorates (1880–1912) In 1880, at the Madrid Conference, Morocco entered into an agreement with the kings of Austria-Hungary, Belgium, Denmark, France, Germany, Italy, the Netherlands, Portugal, Spain, Sweden and Norway, and president of the United States to establish spheres of influence and a protectorate over Morocco. The treaty marked the first definition of nationality in Morocco, defining protection as it had been defined in the 1863 agreement with Morocco and France. Under those terms, protected status belonged to an individual and was not inheritable, but could be extended to a wife and minor children. Those who were protected by foreign governments included native persons employed by foreign governments and native persons employed by foreign merchants to assist with their business affairs. Under Article 15 of the Treaty of Madrid, Moroccans could naturalize abroad, but if a subject who had naturalized returned to Morocco, they were required to renounce foreign nationality. An exception might be granted to retain foreign nationality, at the discretion of the Moroccan government. Though not written in the agreement, in practice, persons who were not protected were subjects of the sultan and were expected to be Muslim and reside in Morocco.