اختلاف الدين و أثره على عقد الزواج - دراسة مقارنة بين الشريعة الاسلامية و قانون الأسرة الجزائري

Abstract

Differences in religion have an Impact on family matters, where the ruling of the issue can change. The default in marriage contract is permissibility. However, this permissibility Is governed by regulations, non-compliance with which can invalidate the marriage contract, such as marrying a non-Muslim. Nevertheless, this marriage can be valid despite religious differences, according to conditions and regulations. However, If such marriage occurs, it does not prevent unforeseen circumstances, such as conversion to Islam or apostasy, whichh necessitates differentiation. Additionally, this marriage may not succeed, leading to dissolution and leaving behind children, who are attributed to the first to embrace Islam. As for their custody, it Is granted to their mother, who may be a non-believer, with jurists differing on its reality between permitting and prohibiting, while agreeing that both the guardian and witnesses must be Muslims. Regarding maintenance, it is valid despite religious differences, unlike inheritance, on which they differ between permitting and prohibiting