تأثر التفسير القضائي لنصوص قانون الأسرة بمحددات النظام العام: العلاقة الزوجية نموذجا

الملخص EN

The topic of the intervention aims to study the two references: the Islamic religious reference to the Algerian family law on the one hand, and the manifestations of the legislator’s adoption of the principles of international conventions on women’s rights in amending the family law of 2005 on the other hand as determinants of the concept of public order in the family law, and their impact on the judicial interpretation of its texts.

the importance of studying the topic stems from trying to identify judicial considerations in interpreting ambiguous texts in family law based on the concept of public order that the judge himself seeks, especially if it comes to his return to applying the principles of the convention on the elimination of all forms of discrimination against women, which contradicts the religious reference in society while searching for legal solutions in it.

this topic raises the problem of the extent to which the judicial interpretation is affected by the concepts of public order in the field of family relations through references: the Islamic religion and the principles of international conventions.

I will study the current topic in two axes: the first relates to the religious reference as a basic determinant of the concept of public order in the process of interpreting the family text, and in the second, I touch on the impact of the principles of international agreements on the judicial interpretation of family texts.