The Husband's Right to Obedience Under Ordinance 05-02 amending the Family Code

Abstract

Islamic law regards the husband as the head of the family and holder of guardianship, and he has the right to be obeyed by his wife and children, and he also has the right to discipline if they violate this duty, that the Algerian law on the family of 1984 adopted.  But after the ratification by Algeria of the CEDAW, and the modification of the Family Code by the ordinance 05-02,

the paragraph which was considered as the duty of obedience was deleted, and the right to discipline does not plus part of the grounds for lawfulness in the Penal Code.

     From the foregoing, the importance of this study emerges, which deals with the evolution of the marital relationship within the family, and its impact on its continuity.