Please use this identifier to cite or link to this item: https://oarep.usim.edu.my/jspui/handle/123456789/20068
Title: إشكالات متاع البيت: بين الحلول الفقهية والنص القانون الجزائر
Other Titles: Matrimonial Property Issues: Between Jurisprudential Solutions And The Legal Text Of Algerian Law
Authors: Karima Mahrouk 
Keywords: Matrimonial Issue, jurisprudent solutions, Algerian Law, Legal Text
Issue Date: 2022
Publisher: USIM Press
Source: Mahrouk, K. (2022). إشكالات متاع البيت: بين الحلول الفقهية والنص القانون الجزائر: MATRIMONIAL PROPERTY ISSUES: BETWEEN JURISPRUDENTIAL SOLUTIONS AND THE LEGAL TEXT OF ALGERIAN LAW. Malaysian Journal of Syariah and Law, 10(2), 69-82. https://doi.org/10.33102/mjsl.vol10no2.358
Journal: Malaysian Journal of Syariah and Law 
Abstract: 
One of the contentious issues affecting the family is the dispute over the belongings of the house, especially its ownership, which is the property that may be claimed by each of the spouses, or one of them and the heirs of the other, or their heirs together in the event of their death. The Algerian legislator dealt with this problem in the text of Article 73 BC by stating that: “If a dispute occurs between the spouses or their heirs regarding the belongings of the house, and neither of them has evidence, then the word to the wife or her heirs is with the oath, usually for women, and the word for the husband or his heirs is with the oath, in the usual for men, and what is common between them they share with the right.” However, this provision was not applied in the same way before the judicial authorities in general, and the Supreme Court in particular. The study aims to clarify the most important problems raised by the matrimonial property issues between the spouses or the heirs of one of them, and how jurisprudence and the law confront them, trying to find win-win solutions to reduce them. The researcher used the doctrinal research method to analyze the related documents. Through Article 73 of the Family Code mentioned above, researcher found that the legislator put it in the second chapter related to the effects of divorce, and here researcher drew criticism on the basis of two things; The legislator have to choose the correct terminology. Household disputes erupt upon divorce, which makes the marriage separate, and thus the term “wife” is dropped from the divorced woman, just as the term “husband” is dropped from the divorced man. This study recommends that there is a crucial need to keep invoices and receipts that enable her to prove what she acquired during married life and that the dispute, if not between her and her husband, may be with his heirs about this property. Expanding the field of proof in the home’s belongings and diligence of the judiciary in finding other solutions for the raised issues.
Description: 
VOL. 10 NO. 2 (2022) Page (69-82)
URI: https://mjsl.usim.edu.my/index.php/jurnalmjsl/article/view/358/248
https://oarep.usim.edu.my/jspui/handle/123456789/20068
ISSN: 2590-4396
DOI: 10.33102/mjsl.vol10no2.358
Appears in Collections:Malaysian Journal of Syariah and Law (MJSL)

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