أثر العرف في أحكام الصداق: دراسة مقارنة بين الفقه المالكي والتشريع الجزائري

Abstract EN

Both Sharia and the Algerian legislator paid great attention to the marriage contract and organized it tightly, given its importance, and surrounded it with many controls and conditions, some of which came in accordance with the customs of people recognized as such by sharia, to facilitate them and raise their embarrassment.

accordingly, since custom is the core of people’s practical life, the ruler and regulator of many transactions between them, and since people’s customs change according to the change of time and place, which affects the various jurisprudential, legal and judicial applications.

we preferred to search on the impact of custom in treating the provisions of the dower from the point of view of the Maliki jurisprudence and Algerian legislation, by asking the following research problem: to what extent can custom affect the treatment of the provisions of dower in light of Maliki jurisprudence and Algerian legislation? the study concluded that both the Maliki jurisprudence and Algerian legislation took into account custom in the provisions of the dower, whether at the stage of marriage or its dissolution, provided that they are not contrary to the Maliki Fikh and the Algerian legislation.