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"A woman should have a guardian to protect her no matter who she is," said Sheikh Shayban
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By
Omima Ahmad, IOL Correspondent
ALGIERS,
July 25 (IslamOnline.net) - Algerian Islamic parties and scholars
voiced Sunday, July 25, reservations at proposed amendments to the
country’s Family Law, particularly the role of the wali (a woman’s
guardian) in concluding marriage contracts.
"A
woman should have a guardian to protect her no matter who she is. It
is indeed a great honor for her," Sheikh Abdul Rahman Shayban,
chief of Algeria’s Muslim Scholars Association, told
IslamOnline.net.
He
said a guardian is a must for a proper marriage contract, but is not
required should a woman be a consenting adult and the man is known for
his good manners and reputation.
The
scholar added, however, that in case such criteria are not met the
woman's guardian "has every right to seek the marriage annulment
unless she has given birth."
An
Algerian Justice Ministry’s committee has put forward several
amendments to the 1948-enacted Family Law. They will be put to vote in
the parliament.
Committee
Chief Mohammad Zaghloul, the Supreme Court’s Chief Justice, told a
press conference on July 17 that the proposals were not in violation
of Shari`ah.
He
said there is no religious text providing for the role of the
guardian, noting that mutual consent is the yardstick.
Islamic
parties, such as the Peace Movement Society and Nation Reform,
rejected any amendments running counter to Shari`ah, citing the
Constitution which clearly stipulates that Islam is the religion of
the state.
According
to Shari`ah, in order to conclude her marriage, a Muslim woman should
have a guardian , given that women are subject to the desires
of the ill-hearted and evil opportunists.
A
guardian should be a Muslim male and is usually the father. Next to
the father comes the closest male relative.
The
order, according to many is: father, paternal grandfather, son,
grandson, full brother, paternal half-brother, paternal uncle.
Targeting
Shari`ah
Prominent
lawyer Fatmah Ibrahim said the Family Law is only being criticized
because it is based on Shari`ah.
She
said the legislation puts women and men on an equal footing and
safeguarded their rights.
The
lawyer wondered why Algeria pressed on with changing some Islamic
tenets, while other countries like Italy and France stick to their
holy scriptures.
Secular
groups have welcomed the government’s plans, but said they are not
enough.
Algerian
Islamic parties said that the amendments came in response to a growing
"foreign current" in the country meant to strip the society
of its Arab and Islamic identity and imposing European values.
On
July 3, reports said the government is to scarp a law article banning
the import
of alcohol to meet a requirement for joining the World Trade
Organization (WTO).
