النظرة المقاصدية للفحص الطبي قبل الزواج المستحدث بالأمر 05-02 المعدل لقانون الأسرة الجزائري

الملخص EN

The medical examination before marriage is one of the recent topics that attracted the attention of: contemporary Islamic jurists based on the foundations and rules of legitimacy and Maqāṣid al-Sharīah to establish a rule to achieve the desired destination.

And was also interested by Jurists of Law relying on the provisions introduced by the amendment of the Algerian Family Code under the order No.

05- 02, especially Article 7 bis passed by him which regards him and also on the provisions of its regulation by Executive Decree No.

06-154.

All this, proves that the Algerian legislature seeks to achieve one of the Maqāṣid al-Sharīah, Islamic, which is to preserve the human spirit - future couples and their children - from the damage caused by transmission of the disease, which is examined by medical examination before the conclusion of the marriage contract.