Family
The 1984 Family Code, amended in 2005 but retaining the marital guardian
The Family Code of 1984 codifies Islamic personal status. The 2005 amendments required judicial authorisation for polygamy and improved the wife's position, but retained the wali for a woman's marriage.
Key rules
- Jurisdiction — Family sections of the tribunals. The Code applies to Algerian nationals; foreign nationals' personal status may follow their national law.
- Deadline — Reconciliation attempts within three months are mandatory in divorce proceedings
- Deadline — Khul and judicial divorce are heard by the family section of the tribunal
Governing law
- Family Code, Law 84-11, amended by Ordinance 05-02
- Nationality Code amendment 2005 — maternal transmission
- Law 15-19 amending the Civil Code and Family Code
In practice
The 2005 reform is genuinely partial and should be described as such. It required a judge to authorise a polygamous marriage and to hear the existing and intended wives, gave the wife a right to khul divorce without the husband's consent, and required provision of housing for children after divorce. It did not abolish the wali, the male marital guardian whose presence is required for a woman's marriage contract regardless of her age, although the 2005 text allows her to choose him. Inheritance follows Quranic shares. Custody ordinarily goes to the mother for young children with guardianship remaining paternal, the same split found across the region. The 1984 Code was contested from enactment and the reform debate continues.