Problems of customary marriages of missing persons in Algerian legislation

Abstract

The issue of customary marriage in Algerian society has raised problems since colonization and continues till today. and evolved with the development of society, its types and causes varied, and the opinions of scholars in its judgment varied between permissible or forbidden, However, customary marriages concluded in accordance with the provisions of the Islamic Sharia and fulfilled its elements and conditions a valid marriage that resulting all its effects, provided that it is proved by a judicial judgement and by the methods of proof which approved by law. The issue of establishing a customary marriage when one of the spouses is missing is more complex requires proof of the state of lost which requiring a judicial judgement. And then prove the fact of the marriage, which takes a long time to dissipate the evidence, thereby reducing the chance of proof., In view of the absence of legal texts regulating to proof customary marriage in general and proof of customary marriage of the missing person in particular , these cases remain pending in the courts, the rights are lost and the genealogy may be mixed.

Keywords

• customary marriage
• methods of proof
• missing
• judgement