مكانة الشهود في عقد الزواج في الفقه الإسلامي و قانون الأسرة الجزائري

Abstract EN

The Prophet legislated the witnesses in the marriage contract because of its effect on preserving honor, the scholars of Islamic law differed regarding the nature of testimony, so the majority of scholars held that it is a condition of validity, and the Maliki's disagreed with them, and they said that it is a condition of completeness ; it follows from this that witnesses must be present in the contract meeting according to the majority of scholar, if they fail, the contract is invalidated, and it is desirable for the Maliki's.

and if they enter without witnesses, the contract is invalidated according to the four schools of thought, and the Algerian legislator agreed with the majority of scholars before consummation, while the scholars of the four schools of thought differed after it by correcting the contract with the similar dowry.