اعتبار العرف في آثار عقد الزواج

Abstract EN

The custom has a noticeable impact on the issues of marriage and its effects in the provisions of Islamic law, because of the flexibility that makes it change according to time and place, and since the provisions of the Algerian family law are derived from the provisions of Islamic law, then it has an important place in it.

The family as the basic cell in society and all that is related to it needs to agree between the jurisprudential provisions and the contents of the laws of situation, taking into account the prevailing norms in society, in order to come out with legal rules that are compatible with reality, to facilitate people .

In light of Article 222 of the Algerian Family Code, we find that the judge refers to the provisions of Islamic law if there is no text for the dispute before him.

Thus, the legislator has opened the door to diligence based on the custom enshrined in Islamic law, in resolving many issues, it has very important effects for both spouses and children.