دور الاجتهاد القضائي في معالجة الشغور الإجرائي في إثبات الزواج العرفي

Abstract EN

The field of family affairs was characterized by procedural vacancy in most of its issues, and the legislator was unable to address it by issuing the amended Civil and Administrative Procedures Law No.

08-09, which singled out the Family Affairs with an independent chapter, because it included general provisions, and because the family law is of a special nature.

Perhaps the most important issue marred by this vacancy is that of proving Customary marriage, as it is one of the most important lawsuits concerning family issueswhich necessitates the application of the text of Article 222 of the Family Code, which refers the judge to the provisions of Islamic law.

Accordingly, this study focused on examining the extent of the contribution jurisprudence issued in matters related to the proof of Customary marriage in addressing this vacancy, by extrapolating and analyzing decisions of the Supreme Court, and comparing what it has decided with the jurisprudential rulings that regulate the procedural aspect of these issues.