المسؤولية المدنية و الجزائية للزوج المتعسف في استعمال حق التأديب : دراسة مقارنة بين الفقه الإسلامي و القانون الجزائري

الملخص EN

The current family law does not address the right to discipline and its controls, although it had previously stipulated in Article 39 of the same law - before it was repealed by the amendment contained in Law No.

05-02 - that the wife must obey her husband and regard him as the head of the family.

If we return to the provisions of Islamic Sharia according to Article 222 of the Algerian Family Code, we find that jurisprudence has established controls for the husband to use the right to discipline his wife, and in the event of exceeding the limits of that, his civil and criminal responsibility shall be exercised.

On the other hand, the Penal Code penalizes beating, verbal, and psychological violence of wife in accordance with the Articles 266 bis and 266 bis 1, without explicitly excluding disciplinary beating.

key words: abuse; violence; discipline; right; husband.