ALGERIAN FAMILY CODE (1984)

The Algerian Family Code of 1984 sanctions, after years of internal debates, a conservative model of family in which the male kin have privileges and power over women.

After Algerian independence in 1962, fundamental questions arose concerning the trajectory of Algerian society. The status of women was intrinsic to these concerns and ensuing debates. Some women, the mujahidas, contributed very actively in the struggle against the French, serving as liaison officers, nurses, and even combatants, sometimes carrying bombs or weapons, as did Hassiba Ben Bouali, Zohra Drif, Jamila Bouhired, and Zoulaika Boujemaʿa. The necessity to improve the legal condition of women was recognized in the "charte nationale" but the conservatism of some Front de Libération Nationale (FLN) leaders, especially those close to Islamist forces, led to demands for a stricter enforcement of the Islamic law and traditions.

The tensions and debates between these two tendencies lasted from 1962 to 1984. There were many attempts to modify family laws during this period, and some minor changes were introduced. The first comprehensive codification project emerged in 1981, and was considered very conservative. Leaked to the press, news of this project catalyzed many demonstrations by women. The project was withdrawn, making this one the few examples of this kind in Algeria.

But with the rising popularity of Islamist movements in the face of economic failures of Algerian policies during the 1970s, a new code, almost the same as the earlier project of 1981, was presented and passed virtually without any discussion at the National Assembly in June 1984. It is still in force today.

The main provisions of this code are the following:

• minimum ages for marriage are 21 years for men, 18 for women;
• the necessity of a matrimonial guardian (the father or a close agnatic man has to consent to the marriage, not the bride) for a woman to get married;
• up to four wives allowed per man, the consent of the other wives not being required;
• husband's privilege of repudiation.

see also algeria: overview; gender: gender and law; gender: gender and politics.

Bibliography

Bekkar, Rabia. "Women in the City in Algeria: Change and Resistance." In ISIM Newsletter, no. 7 (March 2001): 27.

Charrad, Mounira. States and Women's Rights: The Making of Postcolonial Tunisia, Algeria, and Morocco. Berkeley: University of California Press, 2001.

Slyomovics, Susan. "'Hassiba Benbouali, If You Could See Our Algeria. . .': Women and Public Space in Algeria." MERIP / Middle East Report 192 (1995): 8–13.

Rabia Bekkar