الحقوق المالية للجنين بين الفقه الإسلامي وقانون الأسرة الجزائري

الملخص EN

This research aims at indicating the unborn child’s financial rights approved by Islamic jurisprudence and Algerian family code; it is unanimously permitted that the unborn child is entitled to inherit and to receive legacies however, conditions are necessary for this matter, this is what the Algerian legislature has adopted in the family code.

however, there was disagreement among jurists regarding the possibility of inheriting and receiving a donation for the benefit of unborn child.

Algerian legislature has adopted donation in the opinion of Malikiya and some Hanabal and Dhahiri for the permission of the unborn child’s donation provided that it is born alive, as for the unborn child’s endowment, it has not been provided for in legislation, thus it would be necessary to the Islamic Shari'a provision, that should be referred to in accordance with articles 21 of endowments act and 222 of the Algerian family code.