Algerian Family Code
Encyclopedia
The Algerian Family Code , enacted on June 9, 1984, specifies the laws relating to familial relations in Arab Algeria
(and not in Kabylia). It includes strong elements of Islamic law
which have brought it praise from Islamists and condemnation from secularists and feminists.
has declared that it must be revised http://www.algerie-dz.com/article1172.html in the spirit of universal human rights
and Islamic law. Reactions were mixed. Lachhab of the Islamist El Islah party declared that "We oppose these amendments which are contrary to Sharia, and thus to article 2 of the Constitution," whereas Nouria Hafsi of the pro-government RND
declared "These timid amendments put forward a modern reading of the Sharia; the rights of women will finally be recognized by law. As of early 2005 it has not been changed.
is defined as a legal contract between a man and a woman. The legal age of marriage is 21 for a man, 18 for a woman; judges may in special cases allow earlier marriage. A man may marry up to four wives; if so, he must treat them equally and inform them in advance, and they may demand a divorce. Marriage requires the consent of both parties and a gift by the groom of a dowry
to the bride, as well as the presence of the bride's father or guardian (wali) and of two witnesses. The father of the bride may block the marriage, although her guardian may not. The marriage must be registered before a notary or legal functionary. Marriage is forbidden between close relatives by descent, marriage, or nursing: thus a man may not marry his mother, daughter, sister, aunt, niece, mother-in-law, daughter-in-law, stepmother-in-law, or stepdaughter-in-law, nor may he marry anyone who suckled from the same woman as he did, or from whom he suckled. A man may not be married to two sisters simultaneously. Marriage is also forbidden between a couple who have divorced each other for the third time, unless the wife has since been married to someone else. A Muslim
woman may not marry a non-Muslim man, and a marriage may be annulled on the grounds of the spouse's apostasy. A husband is required to provide for his wife to the best of his abilities, and to treat his wives equally if he marries more than one. (The husband's not doing so is grounds for divorce.) A wife is required to obey her husband and respect him as head of the family, to bring up and nurse his children, and to respect his parents and relatives. (No penalties are stipulated for the wife not doing so.) A wife has the right to visit her parents and to receive visits from them, and has complete rights over her own property.
his wife at will; if he is judged to have abused this privilege, his wife may be awarded damages, and he must provide for his divorced wife and her children if she has no family to go to, unless she had previously divorced or was guilty of immorality. The wife may request a divorce if any of the following apply:
If she obtains the divorce, she must pay reparations not to exceed the value of the dowry, and may not remarry until three menstrual periods have elapsed, or, if pregnant, until her baby's birth. In case of the father's absence or of divorce, custody
of the child goes to his mother, or failing that his maternal grandmother or aunt, or failing that his father or paternal grandfather, or some other relative. A child's guardian must bring the child up in the religion of the child's father. A child brought up by a guardian attains independence at 10 (if male), or at marriage (if female).
Algeria
Algeria , officially the People's Democratic Republic of Algeria , also formally referred to as the Democratic and Popular Republic of Algeria, is a country in the Maghreb region of Northwest Africa with Algiers as its capital.In terms of land area, it is the largest country in Africa and the Arab...
(and not in Kabylia). It includes strong elements of Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
which have brought it praise from Islamists and condemnation from secularists and feminists.
History
Its critics particularly focus on its implications for women (who have less right to divorce than men, and who receive smaller shares of inheritance) and sometimes for apostates (who are disinherited, and whose marriages may be nullified.) President Abdelaziz BouteflikaAbdelaziz Bouteflika
Abdelaziz Bouteflika is the ninth President of Algeria. He has been in office since 1999. He continued emergency rule until 24 February 2011, and presided over the end of the bloody Algerian Civil War in 2002...
has declared that it must be revised http://www.algerie-dz.com/article1172.html in the spirit of universal human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and Islamic law. Reactions were mixed. Lachhab of the Islamist El Islah party declared that "We oppose these amendments which are contrary to Sharia, and thus to article 2 of the Constitution," whereas Nouria Hafsi of the pro-government RND
RND
RND is a three letter acronym which can stand for:*Rene & Dorian, two Electronic Dance Music DJ's from Texas*Reflex neurovascular dystrophy, also see Complex Regional Pain Syndrome*Red Nose Day, see Comic Relief...
declared "These timid amendments put forward a modern reading of the Sharia; the rights of women will finally be recognized by law. As of early 2005 it has not been changed.
Marriage
MarriageMarriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
is defined as a legal contract between a man and a woman. The legal age of marriage is 21 for a man, 18 for a woman; judges may in special cases allow earlier marriage. A man may marry up to four wives; if so, he must treat them equally and inform them in advance, and they may demand a divorce. Marriage requires the consent of both parties and a gift by the groom of a dowry
Dowry
A dowry is the money, goods, or estate that a woman brings forth to the marriage. It contrasts with bride price, which is paid to the bride's parents, and dower, which is property settled on the bride herself by the groom at the time of marriage. The same culture may simultaneously practice both...
to the bride, as well as the presence of the bride's father or guardian (wali) and of two witnesses. The father of the bride may block the marriage, although her guardian may not. The marriage must be registered before a notary or legal functionary. Marriage is forbidden between close relatives by descent, marriage, or nursing: thus a man may not marry his mother, daughter, sister, aunt, niece, mother-in-law, daughter-in-law, stepmother-in-law, or stepdaughter-in-law, nor may he marry anyone who suckled from the same woman as he did, or from whom he suckled. A man may not be married to two sisters simultaneously. Marriage is also forbidden between a couple who have divorced each other for the third time, unless the wife has since been married to someone else. A Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
woman may not marry a non-Muslim man, and a marriage may be annulled on the grounds of the spouse's apostasy. A husband is required to provide for his wife to the best of his abilities, and to treat his wives equally if he marries more than one. (The husband's not doing so is grounds for divorce.) A wife is required to obey her husband and respect him as head of the family, to bring up and nurse his children, and to respect his parents and relatives. (No penalties are stipulated for the wife not doing so.) A wife has the right to visit her parents and to receive visits from them, and has complete rights over her own property.
- Adoption is forbidden: a child may be brought up as part of the family, but must be considered the child of its natural parents, that is what Islamic law calls Kafala.
Divorce
The husband may divorceDivorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
his wife at will; if he is judged to have abused this privilege, his wife may be awarded damages, and he must provide for his divorced wife and her children if she has no family to go to, unless she had previously divorced or was guilty of immorality. The wife may request a divorce if any of the following apply:
-
- her husband has failed to provide for her;
- her husband is impotent;
- her husband has refused to have sex with her for over 4 months;
- her husband has been condemned to a dishonorable imprisonment of over a year's length;
- her husband has been absent for over a year without a good reason;
- her husband has failed to fulfill his legal duties towards her;
- her husband is guilty of grave immorality.
If she obtains the divorce, she must pay reparations not to exceed the value of the dowry, and may not remarry until three menstrual periods have elapsed, or, if pregnant, until her baby's birth. In case of the father's absence or of divorce, custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
of the child goes to his mother, or failing that his maternal grandmother or aunt, or failing that his father or paternal grandfather, or some other relative. A child's guardian must bring the child up in the religion of the child's father. A child brought up by a guardian attains independence at 10 (if male), or at marriage (if female).