عدة زوجة المفقود في قانون الأسرة الجزائري

Abstract EN

Real death produces its effects on the wife who starts calculating her “iddah” from that date, while we distinguish two situations for the women whose husband is missing: first, when she requests to be divorced after the verdict of the disappearance of her husband.

The second situation is when she waits for an adjudication declaring the death of her disappeared husband, where the Algerian family code allows her after that to request divorce if some specific conditions mentioned in this study are available.

After divorce ruling, she should observe the “iddah” from that date.

If she didn’t take the initiative to ask for a divorce and preferred to wait for the return of her husband or verifying his life or his death, then there are two scenarios here.

The first is where his journey was apparently safe and normal, in this case , ruling his death must be after a period estimated by the judge of not less than four years.

The other circumstance is where the context of his absence indicates that he has died, then ruling his death must be after four years after investigating, whereupon she should observe the “iddah” of the widow and she may marry someone else.