Authority of Marriage in the Light of the Origins of Islamic Law and the New Family Code

Abstract

As an explanation of the expansion of the position of the Algerian legislator vis-à-vis the issue of authority in matters of marriage and its removal from the rite in force, doctrine Malekism, for Hanafism, is an attempt to put an end to the internal conflict between the two positions and the external pressures of international conventions which commits the egislator to recognize equality between men and women and obliges them to resort to a centrist policy in order to reconcile the fundamental provisions Islamic Sharia and international conventions.