الآليات القانونية لحماية حق النفقة

Abstract

"It becomes clear to us from our study of this topic that maintenance is one of the most prominent topics that require the attention of the legislator, as it is considered one of the basics of life and includes vital elements that cannot be dispensed with. It is also a legal obligation incumbent upon the husband for the benefit of his wife, children and relatives, and it is obligatory according to the Qur’an, the Sunnah and consensus. It also includes providing food, housing and clothing and is estimated based on the husband’s financial status and living circumstances. However, there are some cases that lead to the forfeit of these rights from their owners, such as resurrection or death. In addition to the most important effects resulting from the husband’s refusal to pay spousal maintenance and the penalty for his refusal in the Penal Code. Given the importance of maintenance to the wife and keen to protect her right, which is considered a financial right, the Algerian legislator established the Maintenance Fund with the aim of supporting women in the event that the husband refuses or delays in paying maintenance.

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