Consensual marriage between national and international laws: a descriptive comparative study

الملخص EN

The consent in marriage is one of the main topics that raise a lot of legal debates and controversies and express the protection of various feminist organizations and associations, which explicitly ask for specific provisions to regulate it.

other positions call for its abolition from the family law without taking the wife's opinion in such important matter.

the aim of this study is to identify the legal framework that regulates the national and international efforts to deal with the persons status and family rights.

we investigate the provisions of international documents that regulate these rights, in order to understand the international legal system applied to marital rights issues, and the effective guarantees and procedures adopted at the local and international levels in practice connected to such issues.

we have reached several results among them: the Algerian family law did not define the element of consent.

in this regard, the article 10 / 1 specifies only the sides of the consent and the verbal expression through which the expression of offer and acceptance is pronounced.

the Algerian legislator opts for the equality men and women in matter of marriage which is 19 years for both of them.

as an exception, a judge can permit this for a minor if it is convenient.

as a recommendation, it is needed to reconsider the consent in marriage to be consistent with the Islamic religion.