النفقة في القانون الجزائري
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Date
2024
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جامعة المسيلة
Abstract
Alimony is considered one of the most important topics that the
legislator must pay attention to because it is considered one of the
necessities of life, because it contains important elements that a
person cannot do without. It is what a person spends on his wife,
his children, his relatives, and his kingdoms, such as food, clothing,
housing, and services.
The Algerian legislator has devoted articles to alimony in the
Family Law, which stipulate to whom it is due, to whom it is due,
the time at which it is due, how it is estimated, and the elements it
includes. However, these articles remain insufficient given the
importance of this subject, as the legislator stipulated in Article 222
of the law. The family has the right to refer to the provisions of
Islamic Sharia in the absence of a legal text. The legislator also
established articles that protect this right and punish anyone who
abstains from performing it. This is what the Algerian legislator
decided through the text of Article 331 of the Penal Code.
Finally, the approach taken by the Algerian legislator on this issue
is consistent with everything stated in the provisions of Islamic law,
which aims to protect the right to maintenance.