دور قاضي شؤون الأسرة في إثبات الزواج العرفي بين النص القانوني والممارسة الفعلية

Abstract EN

The origin of the customary marriage which completes its pillars and its conditions are legality, but its problem lies in the question has proven, this obliges the judge to apply the text of article 222 of the family code, which refers in turn to the provisions of Islamic jurisprudence.

therefore, we will try in this study through this research paper on the extent of the judge's reference to sharia decisions in matters related to the establishment of customary marriage and his discretionary power in this regard, in order to establish the judge's decision, and the position of the supreme court on these issues, through the decisions included in the resolution of the procedural space related to the object of the evidence, as it preserves the integrity of judicial decisions, so that they are not vitiated by defects of causality and may therefore be subject to revocation and invalidation.