توظيف العرف في تقدير النفقة الزوجية في الفقه الإسلامي و قانون الأسرة الجزائري

الملخص EN

Marital expenses are some of the most important rights that a wife can have as a direct result of the marriage license; the husband therefore has to make a commitment to them as to any other kinds of other family expenses stated by Qur'an, Sunnah, and muslim scholars' consensus.

Being vital, Fiq'h (Islamic jurisprudence) and the Algerian family law have given such an importance to the matter by indicating all its aspects and inclusions and assessing its value.

This is based on a certain number of criteria among which convention is of such significance in both Shariah and law.

In this context, the purpose of this paper is to study the case of using convention by Fiq'h to assess the inclusions of marital expenses in comparison to the Algerian family law.