انعقاد الزواج بالبريد الالكتروني دراسة مقارنة بين الفقه الإسلامي و القانون الجزائري

Abstract

Marriage is the first step in the foundation of family under the correct legal standards, that’s why Islamic jurisprudence and Algerian law have given a great importance to marriage by making the rules and measures. This century has seen an enormousgrowth in telecommunications. Thesewere commonlyused, which facilitated the transfer and exchange of information and even enter into contracts without the presence of the parties in the same meeting in very short time. Regarding the marriage, it becom eseasy to make the marriage despite the distance. This study addressed the marriage through the Internet as a modern matter jurisprudence in the shadow of the scientific and technological development nowadays, which requires a closer look at the Internet marriage organized by Islamic rules, taking into account the purposes of self-in the light of scientific developments. It shows that thisform of contractis simply form of contract between absents who are not combined in the same meeting, or it is the image of a contract with an intermediary. This study confirms the view of the Algerian legislator in this regard. After studying this subject, it is a realistic flexibility of Islamic law and its ability to accommodate new developments in the various issues across all ages, confirming the validity of Islamic law distinguishes during all the time and place.