'Legalizing' the family: disputes about marriage, paternity and divorce inAlgerian courts (1963-1990)

Authors
Citation
B. Dennerlein, 'Legalizing' the family: disputes about marriage, paternity and divorce inAlgerian courts (1963-1990), CONT CHANGE, 16, 2001, pp. 243-261
Citations number
34
Categorie Soggetti
Sociology & Antropology
Journal title
CONTINUITY AND CHANGE
ISSN journal
02684160 → ACNP
Volume
16
Year of publication
2001
Part
2
Pages
243 - 261
Database
ISI
SICI code
0268-4160(200108)16:<243:'TFDAM>2.0.ZU;2-F
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 betwee n 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 whi ch different actors with different interests and orientations partake. The material used consists mainly of decisions taken by the Algerian Supreme Co urt covering the period from 1963 (the year of the its creation) to 1990.