الإحالة على أحكام الشريعة الإسلامية في قانون الأسرة الجزائري و مدى مكنة القاضي على الاجتهاد فيما لا نص فيه

الملخص EN

Islamic law is the material source from which the Algerian Family Code is derived, in order to confirm this source, the article 222 of this law referred to the provisions of Islamic Sharia regarding what was not stipulated in this law.

This raises the question about the ability of the Family Affairs Judge to deal with this task, given his knowledge of Islamic Law, which requires special competence in dealing with its abundance of sources.

This study aims to find out the truth about the judge's competence in this field in order to decide a set of substantive requirements which we see is sufficient for the proper implementation of the text of the mentioned article 222, which revolves around the idea of specialization related to the basic formation before starting the Judiciary as well as specializing in it functionally, with the necessity of continuous training to raise the Legal and Legitimate level of the judge, To undertake the task of resolving disputes that are not stipulated in the Algerian Family Code.