مصير الصداق بعد العدول عن الخطبة : دراسة قانونية فقهية مقارنة

Abstract EN

Algerian legislators have addressed the issue of renouncing the sermon and how to compensate for it ; however, he ignored the issue of the fate of the dowry in the event of a recession, in contrast to some Arab legislations, which the study seeks to address ; accredited ; the two approaches are descriptive and analytical, and the comparative approach has been used especially in its second axis.

To finish the study ; the Algerian legislature did not explicitly address the provisions of the fate of the dowry after the revision ; to confirm the prevailing custom of work and inherited customs ; like some Arab legislation ; like the Libyan, Tunisian, Yemeni, Mauritanian ...

; these provisions need to be reviewed, as indicated in the proposed recommendations ; that in the event of the renunciation of the engagement, or the death of one of the parties during the engagement ; the speaker may recover the dowry that he performed, even if the engagement bought her device, or some of it ; they have the option of returning the dowry in cash or delivering the equivalent of the device at the time of purchase.