The guardian between Islamic Sharia and CEDAW

Abstract

The issue of amendments regarding the element of the wali (guardian of the wife) in the family law has sparked controversy among scholars. They discussed the objectives of the Algerian legislator and his documents in these legislative amendments. Perhaps the most important thing that the opponents of these amendments relied on is that the Algerian legislator was not convinced by strong scientific evidence, but rather responded to CEDAW and its terms and principles. Hence the problem: Are the legal amendments related to family law the result of scientific conviction, or is it an implementation of international obligations? The results of the research showed that the Algerian legislator did not understand the position of the guardian in the marriage contract according to the general and partial rules. Moreover, international documents indicate that the amendments were not based on scientific beliefs, but rather on international obligations under CEDAW.