تكريس مبدأ المساواة بين الجنسين في أحكام الخطبة في القانونين الجزائري والمغربي على ضوء الشريعة الإسلامية

الملخص EN

The engagement is of great importance because it is the preliminary stage that precedes the marriage contract, and establishes solid pillars for the future family.

hence, the will of both parties to choose a partner or to refrain from continuing the marriage project with him is overshadowed.

accordingly, there may be an irrelatability of speeches either by one or both parties, which would have some implications for which the rights of both parties must be equally preserved.

in this context, two basic issues arise, the first one has something to do with the fate of the gifts offered by both parties to each other, and the second is linked to the issue of compensation for refraining in the event of damage resulting from it.

here, both Algerian and Moroccan legislators have balanced the material source of their family legislation-the Islamic Shariah-with the convention of cedaw, through its principles, enshrines the principle of theoretical equality between the sexes in various spheres of life in general, and in the stage of concluding a marriage contract in particular.