آثار العدول عن الخطبة بين الشريعة وقانون الأسرة الجزائري

Abstract

The engagement is only a promise to marriage and is it first step that facilitates the ways of acquaintance between the couple who need to know the nature and tendencies and morals of each other. This helps to strongthen the link between the two and prepare them for the completion of the marriage contract, the algerian legislator defines it as a promise to marry based on article 5, paragraph 1 A,C, it is legitimate according to the kuran and sunnah and the suitor choose his engagement on the basis of many criteria and free of contraceptives legitimacy as the contract of marriage is a contract for life, and allowed the sharia to look at the subject but within the limits allowed, the acquaintance of one of the parties may encounter problems and causes the islamic law considers that marriage is a promise of marriage. Both parties have the right to end the relationship if there is a strong and persuasive reason. The algerian legislator also did the same, as stipulated in article 5,paragraph 2. If a person uses this right arbitrarily and intentionally to hurt his partner, he shall be entitled to compensation. This is stated in article 5, paragraph 3, A,C, because the compensation is due to the damage caused by his acts and not due to his ended the relationship since this is his legitimate right.