القوامة الزوجيةٌ بين الشر يعٌة و قانون الأسرة الجزائري

Abstract

Every family needs a leader to lead her and take caer of all her requirements for this reason our research based on the guardianship of men over women as islamic sharia meant it, What about the offcial algerian family law ? Through our answer to this problem, we concluded that guardianship is a duty of the man and an enhancement of the position of the woman And it has two reasons: earning and giving. As well as having two aspects: mandate and rights. The first is about support. Alimony. And good treatment, and the second includes the right to obey as it was presented in law 84/11. But because of the CEDAW treatment, The rights part which was mentioned in paragraph 39 of the algerian family code, was abolished Especially the guardianship and the disciplinary action for the men toward women, In the other side the duty of men in support and alimony of the family was not change but the rights, and the duties become common between spouses in article 36 of the same law. To study this topic. We divided our research into two chapters the first of which includes: legal guardianship and the duty of men in islamic law, And in the second chapter the legal aspect of it and the implications of CEDAW treatment on the algerian family law.