Comparison of the Algerian Family Code with the Ottoman Law of Family Rights of 1917

This study examines the Algerian Family Code and the Ottoman Family Law Decree in order to compare the provisions on marriage and dissolution of marriage within the framework of Islamic law. Although both laws derive from Islamic law, there are differences in jurisprudence and points of criticism. Both legal systems agree that betrothal is a preparation for marriage, but they emphasize that betrothal is not a contract. Regarding the terms of the marriage contract, both laws accept that the basic element of the marriage contract is consent. The terms of the marriage contract are divided into two categories: substantive terms and formal terms. These conditions include marriage license, dowry, custody, testimony, no impediment to marriage, previous marriage status, equivalence, and medical examination. There are similarities and differences between the Algerian Family Law and the Ottoman Family Law Decree. Both laws accept that dowry is a woman's right and specify the presence of two witnesses in the marriage contract as one of the conditions for its validity. However, with regard to dowry, while the Algerian Family Code considers dowry as a condition of the marriage contract, the Ottoman Family Law Decree accepts dowry as a consequence of the marriage contract. The Algerian Family Code contains conditions that are not included in the Ottoman Family Code. Both laws require that the marriage contract be registered with official authorities. The purpose of this requirement is to protect the rights of spouses and children and to keep the marriage process under state control. Steps have been taken to ensure equality between men and women with regard to the provisions of the marriage contract and to protect the rights and dignity of women. Both laws, which have an impact on the regime of matrimonial property, show that the Algerian Family Code has been updated in accordance with modern scientific approaches while dealing with issues related to filiation. The provisions on alimony are based on Islamic law and aim to protect women's economic rights. Both laws recognize three methods for dissolving a marriage: divorce, separation and khul'. While the Algerian law dealt with both issues as a consequence of the termination of the marriage bond, the Ottoman law dealt only with the provisions regarding the waiting period.