إثبات الطلاق العرفي كآثاره

Abstract

Abstract: The study of the subject of "proof of customary divorce and its effects" focuses on access to the legal texts enacted by the Algerian legislator on customary divorce and the problems that have been created at the level of the courts. This is because the Algerian legislator did not address this issue in an explicit text and left the door open for jurisprudence, and only in article 49 of the Algerian Family Code said that divorce can only be proven by virtue of. However, Algerian courts have established that customary divorce is always established on the basis of the rules of proof known in civil cases as civil law is the general law, where customary divorce is established through an investigation by hearing witnesses if the divorce occurs and in evidence as well. A declaration is the basis for divorce, as evidenced by right-wing asylum if necessary. The divorce ruling is confirmed only after the marriage registration provision has been confirmed in the civil registries, and its effects are visible after the sentence is handed down. .