The provisions of the statute limitations for the wife's alimony debt in Islamic jurisprudence and Algerian law

Abstract

In this study, I dealt with the issue of the prescription of the alimony debt, whether in terms of the prescription for the benefit of the case upon the wife's claim for it or the prescription for which it is extinguished, more than legal ones, and the Algerian legislator touched on this issue in one article, and with that the balance of the Algerian family law showed jurisprudential opinions. And one of the most important results reached is that restricting the judge’s authority to calculate the alimony debt makes many husbands refrain from paying alimony on time because it is forfeited by statute of limitations. It is not counted if it exceeds a year before filing the lawsuit and if there is evidence proving non-payment, in return for the wife to claim alimony at the time in order not to burden the husband, otherwise her right lapses.

Keywords

• alimony
• debt
• maturity
• gain limitation
• forfeited limitation
• compromise
• judge