قضاء الثورة الجزائرية في "الولاية الثالثة" (1954-1962)‎ و "إشكالية" تعارض العرف مع الشريعة

الملخص EN

The judicial system is one of the most efficient tools used by the 1954 Algerian revolution to guarantee the unfailing support of society in its asymmetrical struggle against French colonialism.

This less visible facet of the war of liberation is best illustrated in the Kabyle (Willaya 3) region, where colonial power has long since imposed a justice (of personal status) inspired -so-called- local customs, in a long-term perspective aimed at detaching the region from its national environment.

Notwithstanding the enormous efforts and means invested in this project during a century of colonization, the National Liberation Front had managed to put it into a fiasco.

Moreover, the largely favorable response of the inhabitants to the call of boycott of the colonial tribunals, as well as their massive reversal towards the parallel judicial organization of the revolution brings a solemn confirmation of the said failure.

This finds its plausible explanation in the success of the Willaya 3 institutions of the revolution to combine ancestral village traditions with the ubiquitous Islamic reference; all reinforced by practical and pragmatic qualities such as simplification, hence the speed of the procedures, the immediate execution of the decisions, finally the honesty and probity of the revolutionary judges.