الولاية في زواج المرأة بين الشريعة والقانون

الملخص EN

This research deals the amendments of the legal guardianship system in women’s marriage as per order no.

05-02 of 27 February 2005.

it is a critical and analytical study of the legal provisions of this law in comparison with Islamic jurisprudence as the primary source of Algerian law and its historical source, and by extension, it is only understood or interpreted by reference to it.

our work came up with several results, the most important of which are: it granted adult women the right to conclude their marriage contract themselves like they are able to in any other contract.

it also allowed them the right to choose any person to attend their marriage contract as legal guardian-regardless of the presence or absence of the father or the relatives-thus, it has departed from the Maliki school and adopted the Hanafi school when it comes to legal guardianship; but did not depart from Islamic law or violated the constitution or the law.