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‘Legalizing’ the family: disputes about marriage, paternity and divorce in Algerian courts (1963–1990)

Published online by Cambridge University Press:  30 October 2001

BETTINA DENNERLEIN
BETTINA DENNERLEIN
Affiliation:
Centre for Modern Oriental Studies, Berlin.
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Abstract

This article is devoted to an analysis of Algerian court cases. It focuses on family law in practice, in order to shed light on the disputed character of this realm of law and the ambiguity involved in its reform. The aim of the article is to question the assumption of an intrinsic opposition between the (traditional/Muslim) family on the one hand, and (modern) state law on the other. It will be argued that the legal regulation of the family, far from being simply imposed by the state, represents a dynamic process in which different actors with different interests and orientations partake. The material used consists mainly of decisions taken by the Algerian Supreme Court covering the period from 1963 (the year of the its creation) to 1990.

Type
Research Article
Information
Continuity and Change , Volume 16 , Issue 2 , August 2001 , pp. 243 - 261
Copyright
© 2001 Cambridge University Press

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