السلطة التقديرية للقاضي لحضانة الأم المتزوجة بأجنبي عن المحضون : دراسة مقارنة بين الفقه الإسلامي و قانون الأسرة الجزائري

الملخص EN

Taking into account the interest of the custodians and his good upbringing, the research dealt with the discretion of the judge to custody of the mother married to a foreigner from the incubators, in the light of Islamic jurisprudence and the Algerian Family Code as last amended.

One of the most important things that Islamic law and Algerian family law seek Caring for the pure as the weakest segment of society, the basic questions that the research seeks to answer are: What are the sayings of Islamic jurists in the custody of a mother married to a foreigner from the incubators? To what extent is Islamic law observed for the benefit of the pure as the weakest segment to ensure it and achieve its full interest? Is the discretionary power granted to the judge by the Algerian Family Code compatible with Islamic jurisprudence by assigning custody to a mother married to a foreigner from the custodian or contrary to it? In order to answer this problem, the following research plan has been written: The first requirement: The research dealt with the definition of custody in Islamic law, Algerian family law and related words.

and the statement of its legal ruling and its legal adaptation, The second requirement also dealt with the custody of a mother married to a foreigner from the exclusive Islamic Sharia and Family Law The Algerian and the power of the judge to assess the interest of the incubators.