ALGIERS,
September 6 (IslamOnline.net) – Algerian mosque imams and minority
sect leaders have added a voice to those calling for abolishing
proposed amendments to the family Law of the Arab Maghreb Muslim
country.
An
Algerian Justice Ministry’s committee has put forward several
amendments to the 1948-enacted Family Law.
But
the amendments, to be put to vote in the parliament, have drawn deep
controversy, as they rule out the role of wali (a woman’s guardian)
in concluding marriage contracts and for a prior judicial consent for
polygamy.
"These
amendments, in principle, run counter to Shari’ah, as they are based
on misunderstanding by a committee which has even no jurisdiction to
take such a step," said a statement by imams of the capital,
Algiers.
The
statement, a copy of which was sent to IslamOnline.net, said the
committee conclusion that the Wali to seal the marriage contract is a
social habit is a misleading claim.
"For
this is an established part of marriage tenets in Islam," read
the statement.
According
to Shari'ah, in order to conclude her marriage, a Muslim woman
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, paternal uncle.
"Null
& Void"
In
a further step against these amendments, imams of the National Prayer
Halls Society in Constantine, eastern Algeria, slammed the changes as
un-Islamic.
"They
are against the teachings of Islam, which say the marriage contracts
of women without the guardian are null and void," said Al-Amin
Al-Waley, the society’s secretary general.
Officials
of almost all other prayer halls agree, hoping the amendments would be
abolished.
Islamic
parties, such as the Peace Movement Society and Nation Reform, had
rejected the amendments, citing the Constitution which clearly
stipulates that Islam is the official religion of the state.
Followers
of the Ibadiya, a moderate Shiite mahdhab of Kharijite sect, also
slammed the amendments, saying the Ibadi principles deem a marriage
without a Wali nothing less than a "adultery".
According
to the founder of the Ibadi rules, no wali makes the marriage contract
invalid and the couple should be thus separated.
Sheikh
Abdul Rahman Shayban, the chief of Algeria’s Muslim Scholars
Association, had told IOL that a guardian is a must for a proper
marriage contract, but is not required should a woman be a consenting
adult and the man is known for his good manners and reputation.
The
scholar added, however, that in case such criteria are not met, the
woman's guardian "has every right to seek the marriage annulment
unless she has given birth."
The
syndicates of justices, lawyers and Islamic-oriented civil society
organizations also joined the fray, saying no to the amendments.
Algerian
Islamic parties believe the amendments came in response to a growing
"foreign current" in the country meant to strip the society
of its Arab and Islamic identity and to impose European secular
values.
On
July 3, reports said the government is to scarp a law article banning
the