THE RIGHT OF DISCIPLINE OF WIFE BETWEEN LAWFULNESS AND CRIMINALIZATION UNDER LAW NO. 15-19 AMENDING THE ALGERIENNE PENAL CODE

Abstract

     The Islamic law devoted The right of discipline by specified it’s Legitimacy controls, as it’s a guaranteed right for the husband, as he is the holder of authority   and guardianship, and it's aims to refine and reform the wife,  and it was adopted by most of the legislations that consider Islamic Sharia as one of its sources, whether explicitly or implicitly. However, the intervention of the Algerian legislator to amend the Penal Code under the Law No. 15-19 by criminalizing most types of violence occurring in the marital relationship led to  a contradiction about the opinion of the Algerian legislator regarding the husband’s right to discipline his wife between lawfulness and criminalization.

Accordingly, the gole  of this study is to clarify the limits and Legitimacy controls  for the right of discipline with an analysis of the legal texts that criminalize the act of beating and wounding between spouses in order to reach the opinion of the Algerian legislator  about the husband's right  of discipline his wife under Law 15-19 amending the Penal Code.