الـــزواج الــــعرفــي فــــــي الــتــشــريــع الـــجزائـــري

Abstract

The customary marriage is a type of marriage that takes place without an official status in accordance with local customs and traditions, as this marriage is considered valid if it completes the elements and conditions set by Islamic law and is not legally reproached except for the issue of not documenting it. This type of marriage has spread in Algerian society greatly in the absence of formality, which is an important means of proof, so it is easy for this marriage to be subject to denial by one of the spouses, which may cause the loss of the rights of the other spouse and children, which led to an increase in the number of cases in order to prove it and give it the official status required by law. For this purpose, the Algerian legislature, since independence to the present day, has enacted several laws for the settlement, proof and registration of customary contracts in the civil registry records, by resorting to the court by submitting a simple application for a judicial ruling confirming this marriage.