الولاية و حق المرأة في اختيار الزوج بين الشريعة و القانون

الملخص EN

The marriage contract is the basis for building the family, which is considered the first building block in the formation of a society that reform.

In addition to the man's right to choose a wife, the woman's right to choose a husband.

No one whatsoever can force a woman to marry someone she does not approve of, but with the participation of the guardian in choosing the appropriate husband, and this is an affirmation of the honor of women, protection of them, preservation of their dignity and respect for their desires and will.

Taking into account what was approved by Islamic Sharia, the Algerian legislator stipulated in the family law that the woman has the right to choose her husband, as well as the guardian to take over her marriage contract; Trying to reconcile the two sides of the equation, the woman's right to choose her husband and the necessity of the guardian marrying those under his guardianship, which will be analyzed in this study.