إشكالية تعدد الزوجات بين الإباحة و التقييد في تشريعات الأسرة المقارنة

Abstract EN

Polygamy is a religious and social phenomenon known by Muslims as well as other human societies, but it was not controlled by any religious rules or legal limits, until Islam came, as it allowed it within controlling rules that preserve the family and the social unity.

This phenomenon had spread and taken other dimensions that have contributed to the emergence and spread of social problems which could have been avoided through the adoption of the religious regulations and social customary conventions.

This issue has been among the subjects that comparative family laws include, which endeavoured to create regulations between permission and criminalization.

The Algerian Family Code did not stand away from this trend, as a broad spectrum of regulations and restrictions were introduced, and this led to a retreat in polygamy, however, in return, it led to the spread of other more serious phenomena than the customary marriages, which in recent years have witnessed an increasing spread, as confirmed by the related cases considered by the Algerian courts.

Despite the traditional jurisprudence and contemporary visions of the subject of polygamy, it is still a controversial issue that seizes the attention of researchers in religious science, psychology, law and sociology, and research still vary, depending on the environmental and cultural backgrounds causing a gap from which Islam and Muslims are fought.

Moreover, it became a domain through which the ethics of the prophet are attacked, despite the wise usefulness for which God allowed and regulated it