Algerian Family Code

The regulations imposed by the Family Code were in stark contrast to the role that women had during the struggle for liberation that Algeria faced. During this struggle, National Liberation Front FLN ensured the equality of men and women. This is reflected in the 1976 Algerian Constitution. These rights slowly started to diminish as in 1980, a ministerial order prohibiting women from travelling after a certain distance unaccompanied by a male relative was passed.^[1]

The Algerian Family Code is a document that governs the marriage and property rights of Algeria. It contains specifications that were based on Islamic traditions and are, according to the United Nations, “informed directly by the Islamic law “Fiqh”. The introduction of a Family Code allowed for restrictions that were contradictory to the role of women during the Algerian war for independence (1954–1962) to be present. In 1996, Algeria ratified the Convention on the Elimination of All Forms of Discrimination against Women and stated that they would aim to counter “discrimination against women in all matters relating to marriage and family relations […],” ^[2] but in the condition that the convention followed the regulations in the pre-existing Family Code: “The Government of the People's Democratic Republic of Algeria declares that the provisions of article 16 concerning equal rights for men and women in all matters relating to marriage, both during marriage and at its dissolution, should not contradict the provisions of the Algerian Family Code.”.^[3] This had caused criticism by individuals including theorist Zahia Smail Salhi. 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 Bouteflika declared that the Family Code must be revised ^[4] 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.

Marriage is defined as a legal contract between a man and a woman. The legal age of marriage is 19, but 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. 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. A wife has the right to visit her parents and to receive visits from them, and has 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.