Effects of marriage contract before entering into Islamic jurisprudence and Algerian family law

Authors

  • محمد بريبر

DOI:

https://doi.org/10.59791/ihy.v21i1.363

Keywords:

Marriage contract, Before entering, Effects, Islamic law, Family Law

Abstract

The majority of jurists of Islamic law and the law did not address the detailed study of the effects of the marriage contract Between the conclusion of the contract and the wedding, and The Algerian legislator has addressed some of these provisions in the Family Code separately, and Since Islamic law is a source of family law, it has derived the provisions of this period from it, It also referred what was not provided to its provisions under the text of Article 222 thereof, and After the conclusion of the contract, the husband has his wife's command and she becomes forbidden to others, and it is permissible for him to do what is lawful for the husband after the wedding, However, this is not the case for some contemporary scholars, where a wife cannot obey her husband as long as she is in her father's house, This is due to developments and extraneous ideas on our Islamic society, where It became common some couples go out and travel together before the wedding where It even comes to sexual intercourse before documenting the contract, where The consequence is that the husband may deny the contract, and The marriage contract also entails the entitlement of the wife to dowry, As well as alimony according to the opinion of some Islamic jurists, As a wife, she inherits her husband upon his death before entering and she has a period of waiting , and The husband has a divorce, Al-Zhihar, or swearing, or sworn allegation of adultery committed by one's spouse

Published

2023-10-11

How to Cite

بريبر م. (2023). Effects of marriage contract before entering into Islamic jurisprudence and Algerian family law. El Ihyaa, 21(1), 453–470. https://doi.org/10.59791/ihy.v21i1.363

Issue

Section

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