Algeria - The Family Code of 1984 modified by Ordinance No. 05-02 of 27 February 2005
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.
- Country: Algeria
- Law status: Discriminatory law in force
- Law Type: Marriage, Divorce, Polygamy & Wife Obedience
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 . . .
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.
Sex discrimination in marital status laws renders women and girls subordinate in many aspects of family relations before, during and after marriage.
Women in polygamous marriages may face severe financial loss, including inheritance rights, and potentially fatal health problems such as HIV/AIDS due to their husband having multiple sexual partners.
Call on President Abdelkader Bensalah to turn words into deeds.