"زواج المخطوفة القاصر بخاطفها" كعذر معفي لعقاب الخاطف في التشريع الجزائري: مقاربة قانونية شرعية

الملخص EN

This research paper includes the crime of kidnapping a minor or deporting her without violence or deception and the problematic it raises, making the abductor's marriage to his fiancée an excuse that may exempt the kidnapper from penal follow-up, in the Algerian and comparative Arab legislation, highlighting the position of Islamic legislation on the marriage of the kidnapper to his kidnapper in return for exempting him from punishment.

The aim of this research paper is to highlight the extent of the guarantees provided by Algerian and comparative legislations that the offender does not exploit marriage to escape punishment and harm the wife.

The importance of this time also lies in the search for adequate guarantees to protect the minor from abduction and deportation without violence or fraud.