التفريق بين الزوجين للأمراض والعيوب في قانون الأسرة الجزائري: دراسة تأصيلية لأحكام المادة 7 مكرر

Abstract EN

This study aims to research the legal origins of the provisions of article 7 bis of the Algerian family code concerning the premarital medical examination.

there should be no issues in life that have been left bare of suitable provision in Islamic jurisprudence.

however, as imperfection and self-esteem characterize human psyche, many are the spouses who deceit their partners through concealing their defects and deseases, leading therefore to the partner’s refrainment from marriage if uncovered.

the Islamic law therefore allows the defective spouse return, and the Algerian legislator imposes a medical examination, prior to marriage, aiming at detecting the deseases and defects that potentially prevent to attain marriage purpose itself.

meanwhile, the spouses are left free to accomplish the engagement, but kept responsible as for its consequences in accordance with the Islamic jurisprudence.