منح لقب الكافل العائلي للمكفولين مجهولي النسب في التشريع الجزائري و الشريعة الإسلامية : دراسة تأصيلية مقارنة

الملخص EN

This research treats an issue of importance along with different social, psychological, legislative, and legal levels ; which is giving the foster family name to the children of unknown parentage.

the decree passed by Algerian legislature #223-20 deals with the issue from the shariaa side that states adoption as haram in Islamic law considering that Islam is the official religion in the state and one of law and legislation resources.

the research ends in differentiation between the decree inclusion and the haram adoption.

and they come in two different places and there is no combination of them.

on the contrary, the shariaa objectives and overall pieces of evidence demonstrated the validity of this decree for the best interest of the child as it is one of the principles cared for by conventions and legislations related to child rights.

the goal that the lawmaker wanted to achieve by releasing this decree is creating a social status and a legal settlement for children of unknown parentage and this is what agrees in principle with Islamic sharia.