الأمراض النفسية و أثرها في التفريق بين الزوجين : دراسة مقارنة بين الفقه الإسلامي و قانون الأسرة الجزائري

الملخص EN

Psychological diseases are considered as a kind of defect in which the choice of divorce for each of the spouses is proven because it violates the supreme purpose of marriage which is obtaining affection, serenity, mercy, and multiplying offspring.

And to prove the choice between the spouses, one of three conditions must be found: First, dissatisfaction with the defect before the contract.

Second, when the defect is persistent and obscene.

Third, when the defect is proven by experts who are the specialist psychiatrists.

According to article 53 of the Algerian Family Law, we find that the right of separation had been given to the wife only incase the husband suffers from any kind of psychological disorders.

Thus, the separation decided by the judge is considered as a divorce even it's not announced by husband.