The “Fatiha marriage” is spreading in Algeria because of Corona… What is it?


Algerian newspaper Al-Shorouk said marriage evidence records in Algerian courts reveal a noticeable return to Al-Fatihah marriage, especially during a period imposed by Corona pandemic restrictions, as some jurists have confirmed that legal marriage without a civil contract has become a phenomenon of society dictated by several considerations, and that cases of proof of marriage in family affairs services have increased tremendously, reaching a 15% increase, knowing that before 2020, the courts recorded 4,000 undocumented marriages annually.

The newspaper reported that the registration of marriage contracts in the communes has been frozen to prevent gatherings to avoid the spread of the new Corona virus infection, during the summer of 2020, and this has been an episode decisive in the history of marriage in Algeria, where many young people resorted to marriage with the Fatiha until it was confirmed after the lifting of the freeze on the registration of contracts.

The ban on registering the marriage at notaries also created a state of confusion and anxiety for the couples who were fixing the dates of their marriage contract, which caused some of them not to postpone the marriage. and read only Al-Fatihah.

The Al-Fatihah marriage request was not limited to this reason alone, but many social developments appeared before the health crisis and continue today, in which the law of 2005, relating to the prevention of the second marriage in the ‘without the knowledge and consent of the first wife by signing a document, had a significant impact on the use of marriage Al-Fatihah.

Significant increase in marriage proof records The owners of the black jubba and some jurists point out that the figures related to the Al-Fatihah marriage are not precisely defined, and that it is not possible to know the exact number of these marriages , but, according to them, the questions of proof of marriage and lineage remain, one of the indicators of the diffusion of this type of marriage.

Lawyer Ammar Hamdini, accredited to the Algerian Judicial Council, said marriage proof files fell to court after the quarantine was lifted.

Ammar Hamdini estimated the increase in cases of proof of marriage in the social affairs departments at around 10% or a little more than that, which he said confirms the increase in the number of marriages without an administrative contract, explaining that what drives women to resort to proof of marriage mainly is pregnancy, or the desire to become pregnant.

For his part, Professor Lakhlaf Sharif, member of the Algiers Bar Association, said that the remarkable increase in marriage proof files and their accumulation in family affairs services reflects an important aspect of the phenomenon of marriage. Fatiha in Algeria, even if the figures remain far from reality.

Khalaf confirmed that marriage proof records increased by 10-15% during the Corona pandemic, and while this increase leads to a number of marriage records that occurred during contract freezes in municipalities, he There are marriages in Al-Fatihah which are behind several reasons.

For her part, human rights defender Nadia Ait Zai, head of the Documentation and Media Center for Children’s and Women’s Rights (SIDAF), said that the Human Rights League, in its previous reports, had indicated a resurgence of Al-Fatihah marriage, including customary marriage, which is mostly undeclared and unregistered administratively. And that, according to the same association, this marriage is not registered in the interest of civil status. The number of cases in recent years has reached 50,000, and 36 cases were recorded during the dark decade in which Algeria witnessed the spread of terrorism.

He estimated the rate of proof of marriage cases in recent years at around 40,000 cases, after doubling by 10% in 2021, explaining that the number of children born from unregistered marriages, according to statistics of certain human rights organisations, affects 45,000 children in Algeria.

Divorce and the 2005 law… an explosion of marriages without contracts. The lawyers believe that the high number of divorce cases, which according to the latest statistics from the judicial authorities stood at 68,000 cases, including divorce cases, which reached 10,000 cases within 6 months for 2021, have a significant impact on the evolution of many cases. Behaviors, and a group of divorced women, in particular, have resorted to a second marriage, but it is enough to marry in Al-Fatihah without registering the contract in the interest of the marital status.

Lawyer Nadia Ait Zai confirmed that a large percentage of divorced women resort to Al-Fatihah marriage as a solution to ensure that custody of their children is not taken away from them and to be associated with a man who will have a bond in life, and with the increase in the number of divorced women, Al-Fatih marriage increases in return.

According to human rights defender Nadia Ait Zai, there are many social, economic and psychological reasons behind the rise in unregistered marriages, linked to celibacy and inheritance mentalities, the emergence of other social phenomena, and the spread of Al-Fatihah marriage as a result of these effects.

A member of the Bar Association, Professor Khalaf Sharif, confirmed that the 2005 law revived undocumented marriage in the Algerian administration, and that it is either secret or sometimes public, because it is enough to read Al-Fatihah and witnesses.

The specialist believes that the repercussions of this law, which prevents the husband from registering his marriage contract with another without the consent of the first wife, appear in cases of proof of marriage. It also encourages, according to lawyer Khalaf, in the presence of a high percentage of divorced, widowed and single women, to venture into Al-Fatiha marriage.

The request of many Algerians

Many Algerian women find in unregistered marriages, civil and legal, tricks and escapes from problems and in order to avoid gains that they could lose if they obtain an official and documented marriage contract, including the loss of the right of custody, or the husband’s participation in his property, or preventing him from certain rights such as enjoying independence and freedom. In this regard, lawyer Khaled Barghul, divorcees and widows often do not prefer not register their second marriage contracts, because many financial and social problems arise, while the divorced woman fears losing custody of her children, the widow fears for the scholarship she enjoys after the death of her first husband.

Burghul pointed out that sometimes some women who have not been married before avoid registering their marriage contract civilly, for fear that their husband will share his property or obtain the right of inheritance after his death, according to the Burghul lawyer, occurs more with widowed or married men who are They have children from the first wife. Mr. Khaled Burghul pointed out that the launch of the “Justice” housing project in 2013 led to a widespread demand for Al-Fatiha marriages, in order to preserve the woman’s right to obtain housing, a ploy used by some couples to both parties get an apartment. .

Many of the marriages that took place from 2013 to 2021 remain undocumented in the interest of civil status, especially as many have not yet benefited from legal housing, due to the slowness of the distribution of these accommodations, while some of those who managed to obtain their apartments Their marriage is confirmed by justice, according to the newspaper.

Marriage proposals from young people in Al-Fatihah are surging on Facebook. and whereas it is not a recognized act of marriage, with the purpose of protecting women from manipulation of their emotions and honor under the guise of legitimate marriage, except There are those who promote and publicly promote Al-Fatihah marriage, through social media pages.

And recently, on Facebook pages, advertisements for an Algerian wedding appeared in Al-Fatihah, where both sexes have the opportunity to get to know the other partner by giving both parties enough information about them, and explaining the reasons for preferring a marriage away from the interests of civil status.

Offers to marry the Fatiha have spread from raped and defrauded losers, and they offer a lot of audacity, especially since some of them relate to “the analyst” i.e. the man who marries a woman who has been divorced 3 times, where she can then return to her first husband, and that is by marrying him with “Al-Fatihah.” Al-Fatihah!” In the context, lawyer Ammar Hamdini said that Al-Fatihah marriage has become a fashion for some girls, especially those who want to marry young men who are not accepted by their families, or elderly people who spend on them, and we find, according to him, university students in recent years, They accept this type of marriage.

The need for prevention! Professor Ammar Hamdini expressed his fear of the repercussions of the aggravation of the Al-Fatihah marriage in Algeria, saying that the accumulation alone, in the files of proof of marriage, is considered a burden for the legal system, so if we look at the other problems posed by this marriage, they are very numerous, often women whose first victim, by Bhldlha before the courts.

For her part, human rights defender Nadia Ait Zai called for the need to prevent imams from reciting Al-Fatihah before the newlyweds register their marriage contract in the interest of civil registration, proposing to find other legal mechanisms, represented by not recognizing any marriage. apart from official administrative contracts, and toughen the penalty against anyone who violates what is The law prohibits reciting Al-Fatihah before registering the marriage contract in the municipality.

On the subject, sociology researcher Dr. Fatima Oussedik confirmed that the lack of trust and the spread of fraud, fraud and lies in Algerian society in recent times, make Al-Fatihah marriage, although it is legal, not a guarantor of the rights of the women and children who could result from this marriage.

Fatima Oussedik believes that there are compelling economic reasons that have led many young unemployed people to trick some women, especially those older than them, into marrying them in order to secure a source of income, because the high percentage of working women and some of them enjoying housing and a car has opened up the ambitions of some parasites in them.

She said that Al-Fatihah marriage is a trap to defraud the woman by exploiting her emotions, especially if she suffers from celibacy, or has no guardian, nor family and relatives, and therefore prevents the marriage Al- Fatihah, according to a friend. , guarantees the rights of women in Algeria.

The researcher, Fatima Ouseddik, explained that adhering to certain marriage-related customs and traditions, such as hype in bragging about marriage ceremonies, dowry and solemnity, causes young people to shun formal marriages. and administratively documented to marriages with Al-Fatihah which guarantee release them from certain restrictions, or extortion or theft of the partner”s money, thus wasting it. Rights, and in the middle of the Al-Fatih marriage, children are born whose lineage can be mixed. She advised the competent authorities to disseminate awareness, legal culture, and documentation by the responsible authorities and the audiovisual, written and electronic media.

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