Nushuz and Sheqaq in the Islamic jurisprudence and the Algerian family law

Abstract EN

Nushuz and Shiqaq are significant factors contributing to marital instability, and understanding their treatment within legal and religious spheres is crucial for promoting marital harmony.

this study aims to examine the concepts of Nushuz (disobedience) and Sheqaq (marital discord) within the framework of Islamic jurisprudence and their implementation in Algerian family law.

by analyzing relevant Islamic principles and provisions in Algerian family law, specifically article 53-08 and article 55, this research investigates the effectiveness of legal and religious frameworks in addressing Nushuz and preventing its escalation into Sheqaq.

the study employs analytic method to explore the practical application of these frameworks and their impact on resolving marital conflicts.

the findings shed light on the role of early intervention for Nushuz, facilitated by article 55, in preventing Sheqaq.

however, challenges arise in the effectiveness of reconciliation efforts under article 53-08 due to a lack of comprehensive support mechanisms.