Soulaliyate Lands in Morocco: Complete 2026 Guide – Rights, Procedures and Documents

Soulaliyate lands—also known as collective lands or jmaâ lands—are real properties collectively owned by a tribe, subdivision or douar recognised by the State as an ethnic community. They are neither individually owned private property nor part of the State's public domain. The system is sui generis: the land belongs to the group as such, not to its members individually. Each member holds rights of use and enjoyment, not a freely transferable ownership title.

The historical foundation of this system is the dahir of 27 April 1919 regulating collective lands, which established three founding principles that remain valid today: inalienability, immunity from seizure and immunity from prescription. In practical terms, no one may sell, seize or acquire Soulaliyate land by prescription, including against the community itself. These principles have remained unchallenged for a century.

Law No. 62-17 of 23 April 2019, published in Official Gazette No. 6784 of 25 July 2019, represents the most substantial reform since 1919. It replaces and modernises the State supervision framework, introduces equality between men and women, organises assemblies of delegates and clarifies the conditions governing transfers to third parties. Its implementing Decree No. 2-19-422 of 9 September 2019 specifies the composition and operation of the provincial commission.

Two practical categories must be distinguished. Unregistered Soulaliyate lands—the majority—are collectively managed without individual land titles; rights of enjoyment arise from customary rules and recognition by the jmaâ. Registered Soulaliyate lands have been collectively registered in the community's name with the ANCFCC; they are covered by a collective land title, which facilitates regulated contributions or transfers. This distinction is crucial in determining the applicable procedure.

Beware of the frequent confusion with guich lands, which are governed by a similar but distinct system historically linked to tribes that provided military service. Soulaliyate lands and guich lands share a collective character, but their governance and transfer arrangements differ. This guide deals exclusively with Soulaliyate lands governed by Law No. 62-17.

Article 4, paragraph 2 of Law No. 62-17 represents historic progress: it expressly establishes equality between male and female community members in access to rights over Soulaliyate lands. Before 2019, customary practice—never codified but widespread—effectively excluded married women, who were regarded as belonging to their husband's community. This legislation clearly breaks with that approach.

In practical terms, since Law No. 62-17, a woman who is a member of a Soulaliyate community retains her rights regardless of her marital place of residence, marital status—married, divorced or widowed—or whether her husband belongs to another tribe. Her right is personal and attached to her own tribal descent, not that of her husband. The Ministry of the Interior's 2019 circular memorandum on including women in the lists of beneficiaries instructed provincial commissions to update the lists immediately to include omitted women.

The situation on the ground in 2026 is more nuanced. In several provinces—particularly rural ones—the assemblies of delegates (jmaâ), predominantly composed of men, delay women's registration on the lists or raise customary objections. The gap between the letter of the law and its practical implementation is real. A woman whose registration is refused should submit a written application to the provincial commission, expressly relying on Article 4, paragraph 2 and Article 19 of the 2011 Constitution concerning gender equality.

Like any other member, a woman must appear on the official list of beneficiaries to exercise her rights effectively. If she is not registered, the first step is to submit a registration application to the naib, together with supporting evidence of membership. If the naib refuses or delays—which does happen—an appeal may be brought before the provincial commission and then the Administrative Court. Do not allow the silence to persist: over time, it may be interpreted as a waiver.

One particular case warrants attention: female MREs originating from Soulaliyate communities. They are doubly vulnerable—because of physical absence and gender—and risk being excluded from important decisions made in their absence, such as contributing land to an investor or transferring it to the State. The specific risk is discovering that a land transaction has been approved without your having been consulted or even informed. A local representative—in practice, a lawyer or trusted family member—can remedy this situation.

The certificate of tribal membership issued by the naib is the key document in every file. Contrary to widespread belief, this document is not issued by the caïd—the caïd certifies signatures but does not recognise tribal membership. The naib, as the community's representative, certifies that you are a recognised member of the jmaâ. Without this document, every file is declared incomplete by the provincial commission, without exception. In practice, this is the leading cause of rejected applications.

Civil-status documents are essential. You must provide a legalised copy of your national identity card (CIN), your full birth certificate and, depending on your circumstances, a marriage certificate if you are a married woman claiming rights as a member of your community of origin, or the death certificate of the predeceased rights holder if you are acting as their child. Legalisation of each document costs between 20 and 50 MAD, depending on the type, through the caïdat services.

A residence certificate or certificate of tribal connection, issued by the local authorities, completes the file. For MREs, this document may be replaced by a consular certificate of residence abroad, together with any evidence demonstrating that the connection with the community of origin has been maintained: documented participation in assemblies, correspondence or regular visits. Article 16 of Law No. 62-17 and Article 5 of Decree No. 2-19-422 list the supporting documents that may be required.

Where the plot can be identified—as is the case in peri-urban areas or where collective registration exists—additional land documents are required: the collective land title number from the ANCFCC, the cadastral plan of the relevant plot, or the demarcation report prepared by a sworn surveyor. If no demarcation yet exists, the commission may order one, which considerably extends processing times.

All original documents in French must be accompanied by a certified Arabic translation. In the commission's view, an untranslated document is a missing document. You should also prepare certified true copies of each document—generally two copies. Any finding of inadmissibility due to a missing document requires the procedure to restart when the complete file is resubmitted to the caïd, with the resulting delays.

The fundamental principle, established by the dahir of 1919 and confirmed by Articles 30 to 36 of Law No. 62-17, is inalienability. An individual member may not sell their share to a private third party. Any private instrument of “sale” or “transfer” entered into between individuals is automatically void: the purchaser acquires no enforceable rights and risks losing the amounts paid without any effective remedy. Unfortunately, this type of fraudulent instrument is common in peri-urban areas subject to strong pressure on land.

Law No. 62-17 nevertheless provides for regulated exceptions. Article 32 authorises transfers to the State or local authorities, or as part of investment projects recognised as being in the public or economic interest, provided that express authorisation is obtained from the Ministry of the Interior. This authorisation is not automatic: it requires a favourable resolution by the jmaâ, a report from the caïd, a decision by the provincial commission, and then approval by the wali. The process is lengthy, but it is the only legally valid route.

Leasing is more accessible, but it remains a collective process. A lease of Soulaliyate land must be entered into by the community — represented by the naib — with the third-party tenant, following a resolution by the assembly and approval by the wali in accordance with Article 34 of Law No. 62-17. An individual member may not unilaterally lease “their” plot to a third party. Leases entered into without following this procedure are unenforceable against the community.

Contribution to a company is a third option, widely used in peri-urban areas where property developers seek to develop substantial land reserves. The community may contribute all or part of its land to a company in exchange for equity interests or shares. This makes it possible to retain an interest in the value created while enabling development. However, individual members may not be sufficiently informed of the actual value of their rights before signing, particularly in transactions arranged quickly under commercial pressure. Have the land valued by an independent expert before any resolution is adopted.

Within irrigation areas, Dahir-Law No. 1-69-30 of 25 July 1969 applies in addition and may provide for specific arrangements concerning agricultural development. If your plot is located within an irrigated area, check whether this specific legislation applies, as it may alter the conditions governing access and disposal.

The most costly — and most avoidable — mistake is submitting an incomplete application without first obtaining the certificate of tribal membership from the naib. The provincial commission automatically declares the application inadmissible without even examining its merits. The rights holder must then start again from the beginning, losing two to six months. The solution is simple: first obtain the naib's certificate before gathering any other document.

The second common mistake is allowing the 60-day period for challenging a refusal to expire. Rights holders sometimes learn orally that a decision was issued weeks before receiving written notification. The period runs from written notification, not from rumours — but record the relevant date anyway and do not delay. Once the claim is time-barred, even the most competent lawyer cannot reopen the ordinary remedy. The only remaining option would be an application for review, the conditions for which are highly restrictive.

Signing a private instrument for the “sale” or “transfer” of Soulaliyate rights is a third serious mistake, often made under pressure from unscrupulous purchasers who know that their clients are unfamiliar with the law. The instrument is void, the money paid is lost, and the signatory may face criminal prosecution for fraud under Article 25 of Law No. 62-17, or even under Article 231 of the Criminal Code concerning forgery of documents. Never enter into a transaction without a notary or adoul and without authorisation from the supervisory authority.

Believing that Soulaliyate rights are transferred automatically in the same way as a melk inheritance is a fourth common misconception, particularly among families whose member has recently died. The rights do not form part of the estate within the meaning of the Family Code. Descendants must promptly initiate their own recognition procedure with the naib. The longer the delay, the greater the risk of being excluded from the next update of the list of beneficiaries.

A lawyer specialising in Moroccan land and administrative law can provide valuable assistance at several stages: when preparing the application to avoid procedural pitfalls, during negotiations with the naib or the provincial commission, and especially when drafting the statement of claim before the Administrative Court. Their fees often represent less than 5% of the value of the rights at stake in peri-urban areas where land values are high. The question is not whether you can afford a lawyer, but whether you can afford not to have one.