الولاية في الزواج بين التشريع الإسلامي والاتفاقيات الدولية

الملخص EN

The Algerian legislator derives its judgments in family law from Islamic sharia, and Algeria-as all other countries-has joined international agreements, but it has reservations or objections about some chapters that contradict the constitution or Islamic sharia, between both sex without distinction until it included the field of personal status in general and guardianship in marriage in particular, so Algeria found itself between two pressing forces; the committees of these conventions, and the principles and customs of Algerian society, therefore this study tended to answer and clarify the following research problem: what are the controls formulated by the Algerian legislator in the provisions of the guardianship when contracting marriage in the Algerian family law, and the concept of guardianship and its provisions on marriage in Islamic jurisprudence and the law of the the Algerian family, and the effects of international conventions on the legislator in amending the provisions of the guardianship of marriage in the new amendment of 2005.

one of the most important results reached was that the Algerian legislator approved the guardianship of marriage, but it reduced the role of the guardian.