Post-divorce Parenthood in Algeria and Malaysia: Initial Observations

This talk provides an initial comparative analysis of divorce proceedings in Algerian courts and Malaysian Islamic courts. More specifically, it focuses on how law, particularly conciliation sessions (ṣulḥin Arabic), redefine parenthood and address issues related to the best interests and welfare of children. After providing background information on Algerian and Malaysian legal systems, the paper discusses initial findings on divorce judgments and conciliation mechanisms and their impact on parenthood issues. These findings are based on observations, case studies, interviews, and conciliation agreements in Ain Temouchent and Algiers (Algeria) and Kuala Lumpur (Malaysia). These observations reveal the various adaptations of Islamic law to different contexts, the flexible, child-focused approach in the Malaysian Sharia system, and the transnational effects of legal culture and consciousness.

By Associate Professor Yazid Ben Hounet
CNRS Researcher, Member of the Laboratoire d’Anthropologie Sociale (Paris) & Associate Professor at Comenius University (Bratislava)