تأصيل التفرقة بين أركان عقد الزواج وشروطه في قانون الأسرة الجزائري

Abstract EN

The pillars of the mariage contract in the Algerian family law is offer and acceptance, and the dowry, witnesses are the conditions for the validity of the mariage contract, where the guardians a condition for minor, and the Algerian legislator approved the Hanafi jurisprudence, where it is permissible to marry her self, and for dowry, the legislator took the Maliki law, stipulating that it should be named in the contract, if the dowry is not named the wife is entitled to similar dowry, the witnesses are a condition for the validity of the contract in the majority of scholars of Islamic law, and it is noted in this condition that the Algerian legislator did not agree withe the provisions of Islamic law where he corrected the contract with a dowry offred to womens like her, after the entry if this condition is left, while the scholars of the four schools thought went to cancel the contract.