النسب و الخبرة : إشكالات المفهوم و التعريف و ضوابط الإعمال و التوظيف : بحث في التشريع الأسري و الاجتهاد القضائي المغربي

الملخص EN

In this research an analysis of the concepts of lineage and experience, based on the principles and Sharia texts, and from family legislation and the practical experience of the jurisprudence in Morocco.

He concluded a number of results, including : 1- The importance of distinguishing between what is objective and procedural in the established jurisprudential rulings in opening the door to diligence in adapting procedural rulings to the developments in the reality of scientific research.

2- The definitive nature of the results of medical expertise requires that it be given the priority it deserves over other presumptive traditional means.

3- That the jurisprudence should be open to the various sources of jurisprudence schools, especially those that respond to the needs of contemporary society.

4- The jurisprudence in the cases of lineage can establish a judicial work that guarantees the characteristics of the legislation continuity and suitability to the variables of conditions