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License for Polygamy and the Spread of the Phenomenon of Informal Marriage: A Comparative Study between Islamic Law and Algerian Law Supported by Judicial Statistics

By H’oriya Souiki

Law and World · Vol. 11, No. 33, pp. 106-113 · 2025

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Abstract

In many Arab and Islamic countries, family law historically imposed few restrictions on polygamy beyond the conditions prescribed by Islamic jurisprudence. These conditions typically included limiting polygamy to up to four wives, the ability to provide adequate financial support for each wife and a commitment to ensuring justice and equity among them.

In Algeria, family law, as established in 1984, initially permitted polygamy as the default legal framework, albeit with specific restrictions designed to prevent its misuse by husbands. Among these restrictions were the requirements for financial capability and the fair treatment of all wives. However, the law did not mandate judicial authorization for the practice of polygamy.

In 2005, the introduction of Law No. 05/02, which amended the 1984 family law, altered this provision by instituting a requirement for judicial authorization before a man could take a second wife. This change necessitated that the husband obtain permission from the president of the court in the jurisdiction where the marriage was registered.

Details

Publication type
Journal article
Author
Journal
Law and World
Publication
March 31, 2025
Volume
11
Issue
33
Pages
106-113
Language
English
DOI
10.36475/11.1.8
ISSN
2346-7916
Institutions
University of Ain Temouchent
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Family and Succession Law

Keywords

License polygamy marriage Islamic law Algerian law

Cite this record

Souiki, H. (2025). License for Polygamy and the Spread of the Phenomenon of Informal Marriage: A Comparative Study between Islamic Law and Algerian Law Supported by Judicial Statistics. Law and World, 11(33), 106-113. https://doi.org/10.36475/11.1.8
Souiki, H’oriya. "License for Polygamy and the Spread of the Phenomenon of Informal Marriage: A Comparative Study between Islamic Law and Algerian Law Supported by Judicial Statistics." Law and World 11, no. 33 (2025): 106-113. https://doi.org/10.36475/11.1.8.
@article{souiki2025_8k4zmx,
  title     = {License for Polygamy and the Spread of the Phenomenon of Informal Marriage: A Comparative Study between Islamic Law and Algerian Law Supported by Judicial Statistics},
  author    = {Souiki, H’oriya},
  year      = {2025},
  journal   = {Law and World},
  volume    = {11},
  number    = {33},
  pages     = {106--113},
  doi       = {10.36475/11.1.8},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/678},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Souiki, H’oriya
TI  - License for Polygamy and the Spread of the Phenomenon of Informal Marriage: A Comparative Study between Islamic Law and Algerian Law Supported by Judicial Statistics
PY  - 2025
JO  - Law and World
VL  - 11
IS  - 33
SN  - 2346-7916
DO  - 10.36475/11.1.8
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/678
AB  - In many Arab and Islamic countries, family law historically imposed few restrictions on polygamy beyond the conditions prescribed by Islamic jurisprudence. These conditions typically included limiting polygamy to up to four wives, the ability to provide adequate financial support for each wife and a commitment to ensuring justice and equity among them. In Algeria, family law, as established in 1984, initially permitted polygamy as the default legal framework, albeit with specific restrictions designed to prevent its misuse by husbands. Among these restrictions were the requirements for financial capability and the fair treatment of all wives. However, the law did not mandate judicial authorization for the practice of polygamy. In 2005, the introduction of Law No. 05/02, which amended the 1984 family law, altered this provision by instituting a requirement for judicial authorization before a man could take a second wife. This change necessitated that the husband obtain permission from the president of the court in the jurisdiction where the marriage was registered.
KW  - License
KW  - polygamy
KW  - marriage
KW  - Islamic law
KW  - Algerian law
KW  - ნებართვა
KW  - პოლიგამია
KW  - ქორწინება
KW  - ისლამური სამართალი
KW  - ალჟირის სამართალი
SP  - 106
EP  - 113
ER  -
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