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Algeria - The Family Code of 1984 modified by Ordinance No. 05-02 of 27 February 2005

  • Country: Algeria
  • Law status: Discriminatory law in force
  • Law Type: Marriage, Divorce, Polygamy & Wife Obedience

Articles 8, 11, 30, 48, 53 and 54 of Algeria’s Family Code of 1984 restrict women’s rights in marriage by permitting polygamy, requiring a male marriage guardian, barring Muslim women from marrying non-Muslim men, and restricting grounds for divorce for women.

Article 8. It is permitted to contract marriage with more than one wifewithin the limits of the Shari’a, if there is a just ground and the conditions and intentions of equity can be fulfilled . . .

Article 11. An adult woman concludes her marriage contract in the presence of her “wali” [guardian] who is her father or close male relative or any other male of her choice.

Article 30. . . . It is equally temporarily prohibited: . . . The marriage of a Muslim woman with a non-Muslim man.

Article 48. Divorce is the dissolution of marriage . . . It arises from the will of the husband, mutual consent of the spouses, or the demand of the wife as provided in articles 53 and 54 . . .

Article 53. The wife can seek a divorce on the following grounds: (i) non-payment of maintenance . . . ; (ii) infirmities hindering realization of the objects of marriage; (iii) refusal of the husband to cohabit with his wife for more than four months; (iv) conviction of the husband which is of such a nature as to dishonour the family and render impossible leading of common life and conjugal relations; (v) absence of the husband for more than a year without a valid excuse or maintenance; (vi) violation of provisions of article 8; (vii) an immoral act which is severely reprehensible; (viii) for persistent disagreement between the spouses; (ix) for violation of the clauses stipulated in the marriage contract; and (x) for any recognized legal injury.

Article 54. The wife can separate from her spouse without his agreement, for the payment of a sum . . .

Note:

Article 29 of the Constitution of Algeria: All citizens are equal before the law. No discrimination shall prevail because of birth, race, sex, opinion or any other personal or social condition or circumstance.

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