ضوابط المواءمة بين الشريعة الإسلامية و القانون و عوائقها مع نماذج تطبيقية من قانون الأسرة الجزائري

الملخص EN

This research aims to clarify the harmonization of law with Islamic law, by defining the controlling framework and analyzing the most important obstacles that prevent the achievement of harmonization.

The researcher used the critical analytical method, and concluded that the harmonization criteria can be viewed considering the division of legal opinions into definitive and interpretative, and that the obstacles, including what is objective, which is the doctrinal dispute in addition to the plurality of Muslim societies, the second aspect is the political obstacles, and the most important one is the luck of political will, The researcher showed, among three applied models, that the text of the Algerian law regarding the guardian in the marriage contract, and the prohibition of marriage and engagement in religion differs cases need to be amended or add new texts to be harmonized with Islamic Sharia.