instrument calls for the restructuring of judicial bodies in charge of dealing with issues relating to the
status of the individual.
200. The Family Code determines the conditions of marriage and divorce, the mutual obligations of
spouses, the responsibility of parents, filiation and the inheritance regime.
201. Article 5 of Act No. 169/AN/02/4th L designates the Madhun-Al-Shari, in lieu of the traditional
Cadis, as the authority competent to perform marriage, decree divorce and also mediate between the
spouses in the case of marital disputes in compliance with the provisions of the Family Code (Article 8).
It is responsible for entering a record of the various acts for which it is responsible and forwarding the
records to the institutions concerned as well as to the civil registrar and the personal status court (Article
13).
202. In addition to the various conditions for contracting marriage, provisions of the Family Code embody
the principle of consent thus granting future spouses the capacity to give their free consent for
contracting marriage, without discrimination between men and women. Forced marriage is hence
considered an infringement of individual freedom and is punishable by law. In line with national cultural
values, for a marriage to be valid the presence of two witnesses is required as well as the payment of a
mahr (dowry) to the woman (Article 7).
203. The Family Code sets the age of marriage at 18 years or older for both men and women in conformity
with civil majority (Article 13). The Code states that the marriage of minors who have not reached the
age of legal majority requires the consent of their guardians or the authorization of a judge (Article 14).
The marriage of minors is therefore the exception based on these provisions, which establish a legal
framework in favour of the numerous actions against early marriage conducted by ministerial
departments and NGOs since the country gained its independence.
204. With a view to strengthening unity and harmony within the family, the Code lays down the rights and
duties of spouses by stipulating that they are duty bound to mutual respect, fidelity, and to bring relief
and assistance to one another. Furthermore, the husband bears the household expenses and provides
for the needs of his wife and children to the extent his means permit (Article 31).
205. To enhance family cohesion, the Family Code allows the woman to freely dispose of and administer
her assets. The Code offers her the possibility to include in the marriage certificate clauses relating to
persons or assets (Article 19), that her contribution to household expenses can only be voluntarily if she
has assets, and finally the husband has no power to administer over his wife’s own assets (Article 32)..
206. All provisions contained in the Family Code are aimed at ensuring shared responsibility in the
management of family affairs so as to promote full development of the basic unit of the society. Article
67 of the Code establishes shared parental authority between spouses.
207. Along the same lines, family law has moved away from the practice of repudiation. Divorce conditions
have significantly improved as the new Code allows legal proceedings to be brought before the Madhun
or the courts (Article 38).
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