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Algerian Family Law Under “Islamic” Fire

Islamic parities believe that Bouteflika bows to external pressures 

By Omima Ahmad, IOL Correspondent

ALGIERS, September 27 (IslamOnline.net) – Islamic parities and figures in Algeria have set up a committee to counter proposed amendments to the Muslim country’s family law, which they saw as contravening Shari’ah (Islamic law).

The self-styled National Committee for Protecting Family urged in a statement, a copy of which was sent to IslamOnline.net Sunday, September 26, the Algerians to “take an action to defend their families and thwart the exported amendments”.

The statement said, however, that the Islamic powers in the country do support change but for the better.

“But we reject tailored and selective amendments imposed from high authorities and we call for a public referendum,” read the statement.

The statement was signed by an elite of Muslim figures in Algeria, including Sheikh Abdul Rahman Shaiban, chief of Algeria’s Muslim Scholars Association, and the chief of the Ibadiya Council.

An Algerian Justice Ministry’s committee has put forward several amendments to the 1984-enacted law.

The amendments, to be put to vote in the parliament, mainly call for ending the role of a wali (a woman’s guardian) in concluding marriage contracts and setting a prior judicial consent as a condition for polygamy.

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 relative 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, and paternal uncle.

Positive

The Algerian cabinet did not tackle the package of amendments during its Saturday session, which is seen by analysts as a positive sign.

Soliman Shinin, member of the Shura Council (the upper house of parliament, said the move indicated that the government could withdraw its controversial proposals.

President Abdelaziz Bouteflika will listen to the voice of the public at the end of the day, which is against the reform bill, observers believe.

Islamic parties, such as the Peace Movement Society and National Reform, have rejected the amendments, arguing that the Constitution stipulated that Islam was the official religion of the state.

They believe the amendments came in response to a growing “foreign current” in the country meant to strip society of its Arab and Islamic identity and to impose European secular values.

Followers of the Ibadiya, a moderate Shiite madhhab of Kharijite sect, also slammed the amendments, saying the Ibadi principles deem a marriage without a wali an “adultery”.

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).

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