The family law (Code de la famille) adopted in 1984, and last amended in 2005, governs marriage, divorce, legal guardian ship and inheritance. The family law is the only law in today’s Algeria that is (partly) based on Islamic law.
The family law was amended in 2005 and the most important changes included:
- The lowest permitted marriage age is 19 for both sexes (formerly 18 for women and 21 for men).
- Marriage by proxy is no longer possible.
- The woman herself can choose her guardian (wali) when she is to enter marriage.
- The woman’s statutory obedience to the husband is suppressed, as is the term “head of the family”
- The spouses have equal rights and duties in marriage.
- Polygamy is only allowed after permission from a judge, and only under certain conditions.
- Women are given greater access to divorce.
- منشئ مقرر دراسي: MAIZA AISSA