MENILIK BALIK REFORMASI HUKUM KELUARGA DI ALJAZAIR

Abstrak

Family law in Algeria has undergone significant reforms since independence, particularly with the 1984 Family Code and its 2005 amendments, aiming to balance Islamic principles with modern gender equality. This study examines the historical evolution, implementation challenges, and impacts of these reforms on women's rights and family dynamics. Employing a normative juridical method with comparative analysis of Algerian fatwas, legal texts, and secondary sources like UN reports, the research traces reforms from colonial influences to post-Arab Spring adjustments. Findings reveal that while the 2005 reforms advanced polygamy restrictions and divorce rights for women, persistent patriarchal interpretations limit enforcement, resulting in low compliance rates (e.g., only 20% of cases favoring women in custody disputes per 2020 data). Discussion highlights tensions between sharia and secularism, recommending hybrid models inspired by Tunisian reforms for better gender justice. This review underscores the need for ongoing legislative adaptation to contemporary Algerian society.