The customary marriage and the issue of proving it: A comparative study
Keywords:
Marriage, Customary Marriage Contract (Common-Law Marriage - Informal Marriage), Records, Proof (Proving)Abstract
Some believe that Customary Marriage may be a Solution to some of the Problems Facing Young People. Others; However; Believe that this Type of Marriage Leads to Several Social, Humanitarian, and Psychological Problems. Therefore; The Personal Status Laws in Arab and Islamic Countries, including the Algerian Family Law, Stipulate the Necessity of Registering Marriage Contracts and Recording them in the Civil Status Registers and Official Departments, for Practical Purposes that Protect Rights from being Lost. However; Some Individuals overlook this Procedure and Enter into Customary Informal Marriages without Registering them. This is a Social Phenomenon that is Increasing Day by Day, raising Legal and Practical Problems regarding the Issue of Proving such Marriages.
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Raed Bdeir, The Customary Marriage: Its Definition and Rulings, Available on the Website: https://nawazel.net, (March 10, 2021 CE), 15:20.
Husni Mahmoud Abdel-Dayem Abdul Samad, The Customary Marriage Between Prohibition and Permissibility, University Thought House, Alexandria, 2011 CE, p. 127.
Osama Omar Suleiman Al-Ashqar, Jurisprudential Developments in Marriage and Divorce Issues, Research Published on the Website: http://middi.over.com, Accessed on: (March 10, 2021 CE), at: 19:20.
Decision Dated: (November 22, 1982 CE), File (No. 28784), Judges' Bulletin, Vol. 2, p. 32.
Decision Dated: (January 02, 1989 CE), GH.A.Sh.M., Supreme Court, Judicial Journal, No. 03, 1995 CE, p. 53.
Decision Dated: (December 25, 1989 CE), GH.A.Sh.M., Supreme Court, Judicial Journal, No. 4, 1991 CE, p. 110.
Law (No. 62-126) Concerning the Civil Status, dated: (December 13, 1962 CE), Official Gazette of the Republic of Algeria, No. 08, Amended and Supplemented by Order (70-20), dated: (February 19, 1970 CE), Official Gazette of the Republic of Algeria, No. 21, Published on: (February 27, 1970 CE), and Amended by Order (No. 14-08), dated: (August 09, 2014 CE), Official Gazette of the Republic of Algeria, No. 49, Published on: (August 20, 2014 CE).
Ordinance (No. 05-02), dated: (February 27, 2005 CE), Containing the Family Law, Official Gazette of the Republic of Algeria, No. 15, Published on: (February 27, 2015 CE).
Ahmad Al-Hasanat, The Customary Marriage, Library of the General Fatwa Department, Hashemite Kingdom of Jordan, 2019 CE, pp. 410-411.
Eithar Moussa, The Customary Marriage in Algeria, Article Published on the Website: www.mohamah.net/law, Accessed on: (March 15, 2021 CE), 20:13.
Ordinance (No. 75-58), Comprising the Civil Code, dated: (September 26, 1975 CE), Amended by Ordinance (No. 05-10), dated: (July 20, 2005 CE), Official Gazette, No. 44, and further Amended by Ordinance (No. 07-05), dated: (May 13, 2007 CE), Official Gazette, No. 31, Published on: (May 13, 2007 CE).
Muhammad Shta, The Unofficial Customary Marriage, 2nd Edition, Dar Al-Majd for Publishing and Distribution, 2008 CE, p. 45.
Maazouz Dalila, Procedures for Concluding the Formal Marriage Contract and Methods of Proving It, and the Issue of Proof in the Customary Marriage, Master's Thesis, Specialization: Contracts and Liability, Faculty of Law, University of Algiers, 2004 CE, p. 129.
Mamdouh Azmi, The Unofficial Customary Marriage, Undated Edition, University Thought House, Alexandria, Egypt, Undated Publication, p. 58.
Belhadj Laarbi, The Family Law with Amendments (05-02) and Commentary on it with the Principles of the Supreme Court over Forty Years, 3rd Edition, University Publications Office, Algiers, 2007 CE, p. 233.
Al-Hussein bin Sheikh Ath Malouya, The Guide to Family Law Supported by the Jurisprudence of the Supreme Council and the Supreme Court from (1982 CE) to (2004 CE), Dar Houma Publishing and Distribution, Algiers, 2014 CE, p. 63.
Barbara Abdul Rahman, Explanation of the Law of Civil and Administrative Procedures (Law No. 08-09) dated: (February 23, 2008 CE), Al-Baghdadi Publications, Algiers, 2009 Edition, p. 34.
See: (Articles 08-12-13-459) Law (08-09) dated: (February 28, 2008 CE) Containing the Code of Civil Procedure, Official Gazette of the Republic of Algeria, No. 21, Issued on: (April 23, 2008 CE).
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