مجلة الحقوق والعلوم الانسانية
Volume 18, Numéro 1, Pages 46-59
2025-04-20
The Impact Of The Wife's Status On Criminalization And Punishment Provisions In Algerian Legislation.
Authors : Rouahna Nadia .
Abstract
Islamic law emphasizes protecting and respecting the wife, highlighting her elevated status through rights such as proper treatment and financial support. This stands in contrast to the inferior view of women that prevailed before Islam. The Algerian legislator incorporated these principles into the Family Code and safeguarded them through the Penal Code by criminalizing actions that harm the wife, disrupt family stability, or threaten its unity. Examples include criminalizing abandonment of the wife for over two months without valid reason, to uphold the duty of cohabitation and respectful treatment, and acts of coercion or intimidation to seize her financial assets, ensuring her right to financial independence, as stated in Article 37 of Order 05-02. These offenses, introduced by Order 15-19, highlight the impact of the wife’s status on criminal provisions, alongside the principle of equality between spouses in other contexts.
Keywords
Abandoning the wife ; financial coercion ; intimidation ; seizure of the wife's property ; financial independence
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