الولاية في عقد الزواج على ضوء أحكام الشريعة الإسلامية و قانون الأسرة الجزائري

الملخص EN

this article deals with one of the most controversial topics among family affairs researchers and those interested in women's issues, in this regard it is the question of guardianship in marriage, which asked the ink of many scholars, especially after the fundamental amendments that affected its provisions under Ordinance 05/02 containing the amendment of family law, which gave rise to new things that did not exist before, but it was never envisaged to include it in the Algerian legal system and in particular family, especially since the origin of the rules of the family law is that they derive mainly from the provisions of the Islamic Sharia, given the major violations that affected the provisions of guardianship in marriage compared to what is prescribed in the various doctrines of Islamic jurisprudence.

For this reason, we considered to study this question by making a comparison between its provisions in the light of the doctrines of Islamic jurisprudence on the one hand and the rules of Algerian family law on the other hand, in order to know the tendency of the legislator in the matter.