DOI: https://doi.org/10.36719/2706-6185/52/138-144
Soumia Boutira
Oran 1 Univesity
https://orcid.org/0009-0008-9696-271X
boutira.soumia@univ-oran1.dz
The Development of Algerian Family Law Since Independence:
The Role of Judicial Reasoning (ijtihād) in Shaping Its Provisions
Abstract
This paper explores how Algerian family law has evolved since independence, particularly through legislative reforms and judicial contributions that have shaped the regulation of marriage. It pays close attention to the amendments introduced in the 2005 revision of the Family Code, examining both the motivations behind the changes and their practical implications. Central to the study is the role of judicial ijtihād—not as a theoretical concept, but as a lived practice through which judges respond to legal gaps and ambiguities, especially in the dynamic and sensitive field of personal status law.
Drawing on legislative texts, judicial reasoning, and historical context, the study argues that while the Algerian legislator has made important strides toward legal clarity and modernization, it remains necessary to recognize and institutionalize the interpretive work done by the judiciary. Ultimately, the paper highlights the complementarity between legislative authority and judicial reasoning in serving the evolving needs of Algerian families.
Keywords: Algerian family law, judicial ijtihād, marriage and divorce provisions, post-independence