أحكام الزواج بين مرجعية الفقه المالكي والقانون الجزائري
Loading...
Date
2025
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
جامعة المسيلة
Abstract
This thesis examines, through an analytical and comparative approach, the extent to which the Algerian legislator has relied on Maliki jurisprudence to regulate the provisions of the marriage contract. The first chapter discusses the pillars and conditions of marriage, highlighting the points of convergence and divergence between the two systems, and demonstrating how Algerian law has adapted Maliki rules to the social and legal specificities of Algeria. The second chapter focuses on the effects of marriage, particularly regarding the financial and personal rights of the spouses, emphasizing legislative efforts to ensure justice and balance between the parties. The study concludes that the Algerian legislator has preserved the essence of Islamic rulings derived from Maliki jurisprudence while adapting to the requirements of modern society, thus achieving a delicate balance between tradition and modernity.