مجلة هيرودوت للعلوم الإنسانية والاجتماعية
Volume 9, Numéro 5, Pages 281-295
2025-12-20
Customary Marriage And The Analysis Of The Imaginary: The Impact Of Sexual Reality Through Perceptions In Shaping Customary Marriage A Socio-cultural Approach
Authors : Kheraichi Bakhta . Bekada Fatma Ikrame .
Abstract
Abstract: The phenomenon of customary marriage is notably widespread in Islamic societies, including Moroccan and increasingly in Algerian society, marked by significant differences among jurists. Some support it as a valid marriage if all its pillars are met, while others oppose it due to its negative consequences on society, spouses, and children. From a legal perspective, this type of marriage faces several issues in courts, especially concerning lineage disputes and the denial of women’s legal and Sharia rights. In this context, we will address the topic through a socio-cultural approach by uncovering the key factors and motivations contributing to the formation of customary marriage. This will involve examining authoritative frameworks and delving into the social and cultural structures of these societies, particularly Algerian society, to diagnose the cultural and social elements rooted in the social imaginary. These elements arise from perceptions that lead to the formation of this type of marriage, which reflects the reality of sexuality in Algerian society within a changing sociology. This includes symbolic capital and its associated pride within Islamic societies, as well as the sexual reality and the resulting emotional and physical deprivation caused by economic and social conditions that make formal marriage unattainable. Thus, customary marriage emerges as a religious solution to "prohibit adultery." Our study aims to clarify the relationship between sexual reality and customary marriage in Algerian society.
Keywords
: Marriage, Customary Marriage, Social and Cultural Structure, Symbolic Capital, Perceptions, Authoritative Frameworks, Sexuality.
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