Algerian Family Code

Algeria
This article is part of the series on politics of Algeria , Subseries on policy .
President Abdelaziz Bouteflika Prime Minister Ahmed Ouyahia Parliament NPC Council of the Nation Political parties National Liberation Front Rally for Culture and Democracy (Algeria) Socialist Forces Front (Algeria) Elections

The Algerian Family Code ( Arabic : ) declared on 9 June 1984 by the National People's Congress , then led by Rabah Bitat , specify the laws and family relations in Algeria.

. In areas where it is in force, it contains many outdated laws, and totally theoretical and do not correspond to social reality. The most famous and most revealing is the partial authorization of polygamy , the latter no longer exists in Arab society for decades. Before 1984, the judge will decide in accordance with the principles of Islamic law Algerian Civil Code Article 2 1975.

This code includes elements of Sharia supported by Islamists and conservatives. The feminist and leftist parties criticize the code and focus in particular on the conditions of life imposed on women and denies them full equality by gender, particularly regarding marriage , divorce or guardianship of children. The Code has been hotly contested since its promulgation by feminists, including Fettouma Ouzegune , Akila Ouared , Zhor Zerari , Zohra Drif , lawyer and senator (and wife of Rabah Bitat) or Louiza Hanoune ^{Genesis Code}

Other attempts to enact the Code to bring it into line with women's rights had occurred, particularly in the early 1980s, supported by the Minister Baki Boualem .

The family code today

Algerian President Abdelaziz Bouteflika has decided that the Family Code should be revised "in accordance with the spirit of human rights and sharia. " The reactions of Algerian political parties are qualified with respect to this announcement. Lachhab, the representative of the Islamist party Islah El said at a press conference "We oppose these amendments which are contrary to Sharia law and are therefore contrary to Article 2 of the Constitution."

Nouria Hafsi the National Democratic Rally (RND) states that "These timid amendments propose a modern reading of Shariah. The rights of women are finally recognized by the law. " As for the feminist and leftist parties, they are asking for the repeal of the code.

Under pressure from conservative Islamic parties and the code has been partially revised.

unconstitutional

Even after the amendments of the Family Code in February 2005, some articles but still contravene article 29 of the Algerian Constitution provides for equality before the law "without any discrimination shall prevail because of birth, race , sex, opinion or any other condition or personal or social identity " . Thus, Article 93 of the Code continues to require that the testamentary guardian is a Muslim . The new Article 32 cancels more marriage cases of apostasy but still considered an impediment to marriage . Similarly, an apostate can not inherit from a Muslim parent under section 138 .

Abolition

In February 2011 President Bouteflika announced the collapse of the state of emergency in Algeria, ensuring the elimination of the Family Code in the very near future ^References

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