Family
The 2005 Family Code, codifying Islamic personal status
The Family Code of 2005 codified marriage, divorce and succession on a substantially Islamic basis while introducing registration requirements and a minimum marriage age. Qadi courts continue to hear personal status matters.
Key rules
- Jurisdiction — Qadis hear personal status matters at first instance, with appeal into the ordinary courts.
- Deadline — Birth registration: within the statutory period
- Deadline — Minimum age of marriage: 18 under the 2005 Code
Governing law
- Loi n° 05-008 portant Code de la famille
- Legislation on the organisation of the qadi courts
- Loi relative à la lutte contre les violences faites aux femmes
In practice
The 2005 Code is the clearest instance in this batch of codified rather than uncodified Islamic personal status: it fixes the rules on polygamy, dowry and divorce in statutory form and channels their application through qadis who sit within the state judicial structure, with appeal to the ordinary courts.