إثبات الزواج العرفي في القانون الجزائري

Abstract

Research Summary Customary marriage is considered a legal marriage as long as all its conditions are fulfilled. The condition of documenting and registering the marriage contract is not one of its legal conditions. Rather, it is a system necessitated by the requirements of modern civil life in order to preserve the rights of the spouses from being lost. In the absence of this legal formality, it is easy for the marriage contract to be subject to denial by The party of one of the spouses, which causes the loss of the rights of the other spouse in the event of his inability to prove his marriage by the legal and legal methods defined by Islamic Sharia by confession, testimony and abuse of the oath, and also leads to the loss of the rights of the children as a result of this marriage and lead them towards homelessness, even if it is not customary marriage Subject to denial, it cannot be invoked by the spouses and claim the resulting effects before it is proven and registered in the civil status records. For this purpose, the Algerian legislator, since independence and to this day, has enacted several laws in order to settle and prove customary marriage contracts. This is by resorting to the court in order to obtain a judicial ruling to prove this marriage and to register it in the civil status records. However, this ruling differs according to the customary marriage, whether it is disputed or not. The disputed customary marriage contract requires filing a lawsuit according to the general procedures for filing cases before the family affairs judge and providing evidence proving this marriage, but if the customary marriage contract is not in dispute, the spouses must submit a simple request to the president of the regionally competent court through the public prosecutor from The date of proving this marriage, in the presence of the two witnesses who confirm that this marriage took place in accordance with the provisions of Islamic Sharia.