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Yulizain Putra
Universitas Islam Negeri Imam Bonjol Padang, Indonesia

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Family Law Reform in Algeria: Negotiating Gender Equality, Islamic Legal Tradition, and Legal Modernization Yulizain Putra; Hamda Sulfinadia; Rahmat Hidayat
Familierecht: Jurnal Hukum Keluarga dan Ilmu Syari'ah Vol. 2 No. 2 (2026): Familierecht
Publisher : Sekolah Tinggi Agama Islam Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69879/familierecht.v2.i2.153

Abstract

This study analyzes the development of Algerian family law reform, focusing on the 1984 Family Code and the 2005 amendments, which aim to reconcile Islamic legal tradition with contemporary gender equality principles. Using a normative juridical approach supported by comparative legal analysis, the study examines legislation, judicial interpretation, and secondary scholarly sources to assess reform trajectories and implementation outcomes. The findings indicate that the 2005 amendments introduced procedural improvements, including judicial regulation of polygamy, expanded women’s divorce rights through khul’, and enhanced legal protection within family relations. However, a persistent gap remains between normative legal reforms and their practical implementation. Judicial interpretation influenced by Maliki jurisprudence, patriarchal socio-cultural norms, and uneven institutional capacity continues to limit the effectiveness of gender equality provisions in practice. The study concludes that Algerian family law reform represents a conditional legal transformation characterized by layered legal pluralism rather than substantive normative convergence. It argues that legislative change alone is insufficient without institutional strengthening and socio-legal adaptation. The novelty of this study lies in conceptualizing Algerian reform as a structured negotiation between Islamic legal tradition, state authority, and gender equality norms, producing asymmetrical but stable reform outcomes