فعالية الحماية القانونية للأسرة في الأمر 05-02

Abstract EN

states that a woman cannot marry a man without her male guardian's permission: this guardianship aims to protect her since she is considered a weaker individual of the two people involved in the marriage license, and protecting her leads to protecting the newly made family.

Nevertheless, the Algerian family law states that a fully grown woman is able to marry all byherself.

Is in this case the legislator intending to deprive the guardian of his authority over the woman's marrige and give it to the woman? It is also stated by the Islamic law that men are protection providers for women, and due to this responsibility all household expenses are put on the burden of the husband while in return the wife has to give her husband olute obedience and loyalty.

This position which holds the husband responsible for running the family affairs is given by Shariah to men in order to maintain familial stability while the Algerian family law has crossed out the part which gives the husband the right to his wife's obedience.

Again, does by this the legislator aim to deprive the husband of his right to being in charge of his family in terms of protecting the family and incurring household expenses