B. Dennerlein, 'Legalizing' the family: disputes about marriage, paternity and divorce inAlgerian courts (1963-1990), CONT CHANGE, 16, 2001, pp. 243-261
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.