المواد الملغاة من قانون الأسرة الجزائري بموجب الأمر 05-02، و إيجابية تفعيلها : دراسة مقارنة مع الفقه الإسلامي

الملخص EN

This research includes an analytical study of the canceled articles of the Algerian Family Law, and it aims to show the importance of the contents of these articles and the positive effect of their activation according to what is necessary.

It also aims to determine the reasons for the abolition of these articles and the positions for their reintegration into the law.

And the study was divided into five parts, and each part included an analysis of an article.

and one of the most important findings of the research is that the legislator's abolition of some articles in the family law or others does not mean his rejection of what is stated in its content, so it is possible that he included them in another article after the amending.

And he canceled it in order to avoid repetition.

And it has many advantages in activating it, and it can be amending when activated, taking into account what has been incorporated into the other articles