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Algerian Family Law Under “Islamic” Fire

Sep 28, 2004 5:57 am By Robert Spencer

One evening a few months ago I was having dinner with a prominent Muslim spokesman; we were explaining ourselves to each other. It was a quite pleasant evening, during which I said, “I just don’t want my grandchildren to be dhimmis.” He let it pass, but returned to the point later in an email, asseerting that the laws of the dhimma were dead, and no one was trying to revive them.

The problem with that view is that the laws of dhimmitude, mandating oppression of non-Muslims, are part of the Sharia, and this article shows that for some parties within Islam, any element of Sharia is absolutely non-negotiable. From IslamOnline, with thanks to Nicolei:

ALGIERS, September 27 (IslamOnline.net) — Islamic parities and figures in Algeria have set up a committee to counter proposed amendments to the Muslim country”s family law, which they saw as contravening Shari”ah (Islamic law).

The self-styled National Committee for Protecting Family urged in a statement, a copy of which was sent to IslamOnline.net Sunday, September 26, the Algerians to “take an action to defend their families and thwart the exported amendments”.

The statement said, however, that the Islamic powers in the country do support change but for the better.

“But we reject tailored and selective amendments imposed from high authorities and we call for a public referendum,” read the statement.

The statement was signed by an elite of Muslim figures in Algeria, including Sheikh Abdul Rahman Shaiban, chief of Algeria’s Muslim Scholars Association, and the chief of the Ibadiya Council.

An Algerian Justice Ministry”s committee has put forward several amendments to the 1948-enacted law.

The amendments, to be put to vote in the parliament, mainly call for ending the role of a wali (a woman’s guardian) in concluding marriage contracts and setting a prior judicial consent as a condition for polygamy.

According to Shari’ah, in order to conclude her marriage, a Muslim woman should have a guardian, given that women are subject to the desires of the ill-hearted and evil opportunists.

A guardian should be a relative Muslim male and is usually the father. Next to the father comes the closest male relative.

The order, according to many is: father, paternal grandfather, son, grandson, full brother, paternal half-brother, and paternal uncle.

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