استقلالية الذمة المالية للزوجة بين الشريعة الإسلامية و القانون الوضعي : دراسة مقارنة

Abstract EN

The Islamic law and the Algerian Family Law have granted the wife as a general principle the olute freedom to dispose of her money, and marriage does not affect a woman's eligibility in Islamic law, so the wife has the right to dispose of her money whether with or without compensation, and she does not need a license or permission from her husband, so the wife's ownership is lost to this The funds are independent of the property of her husband after the marriage as it was before, and the Algerian Family Law has taken what the majority of jurists have gone in to adopt the principle of the separation of funds between the spouses that each of them has a separate financial liability, according to Article 37/1 of the Algerian Family Law which states " Each spouse has a financial liability Stqlh from the other edema.

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"This makes the system for separating the financial receivables of the spouses recognized by both Islamic law and the Algerian family law differs from the same system applied in French legislation.

What is related to the costs of married life and the costs of raising children, which are common costs between spouses.

However, the wife's actual contribution to spending in the Algerian family poses a problem about the existence of provisions regulating this contribution, in order to protect her from the greed of some husbands and put an end to many men who are seeking today to search behind a working woman or who have money in order to shed the burdens and costs of marital life She must protect her from extorting her money, which is inconsistent with and contradicts her right to financial independence from her husband, legally and legally.