المخدرات و أثرها في فك الرابطة الزوجية : دراسة مقارنة بين الفقه الإسلامي و القانون الجزائري

Abstract EN

Drug use of one of the spouses leads to changes in the psychological state in general, and in the mental state in particular, as it affects the behavior of the addict by becoming violent and criminal both within his family or outside it, so he may engage in dishonorable acts such as sexual assaults on members of his family, beating, or killing because of the ence of his mind.

All of this represents a kind of defect in which the choice is left to one of the spouses, as drug use violates the highest intention of marriage, which is affection, serenity, mercy, and birth giving.

A number of appropriate conditions is necessary if the two spouses has to make a choice amongst: Dissatisfaction with drug use before the contract, and that drug use is proven to one of the spouses by people of experience; that is, the pathologist specialized in this area.

Upon referring to the Algerian Family code, we find that in Article 53, the choice was made for the wife only to request separation due to a defect in the husband in the second paragraph of it: Defects that prevent the achievement of the marriage; and the tenth paragraph, including: All harm is considered legitimate.