The Compatibility between spouses in marriage contract : What choice does the wife have ?

Abstract

This study deals with a very important topic related to Compatibility in marriage
and the extent of the impact of its default in a contract Marriage on the stability of marital
life, given that the purpose of Compatibility in marriage is to preserve the status of
women and avoid marital disputes and their causes that lead to the dissolution of the
marital bond and relations in society
Despite the attention given to the issue of Compatibility in marriage by Islamic
jurists and some Arab personal status laws, the Algerian legislator neglected the text on
Compatibility within the Algerian Family Law.
Therefore, this study came to shed light on the wife's right to choose a
Compatibility husband who guarantees her position within the family and society and preserves her marital and social rights, by examining the justifications for the wife’s right
to competence and its legal nature on the one hand, and clarifying the scope of the wife’s
right to Compatibility and how to exercise it, on the other hand.
This study concluded that it is necessary to pay attention to the issue of
Compatibility in marriage and codify it within the Arab personal status laws, including
the Algerian Family Law, in a way that reflects the purposes of Islamic law on the
subject