المرجعية الفقهية المالكية في اجتهادات المحكمة العليا الجزائرية : قرارات غرفة الأحوال الشخصية عينة

الملخص EN

As is well known, the Algerian legislator (in article 222 of the Family Code) refers to the judge in the absence of a legislative provision to "the provisions of Islamic law" without specifying a particular doctrine, unlike most Arab legislation that restricted the judge to the jurisprudent doctrine prevailing in the country.

In light of this release, it is difficult to make a judgment on the Algerian judiciary's handling of this "precautionary source" with the source of Islamic law, and to draw the judgment of the matter before it.

However, those who turn their backs on the decisions of the Supreme Court (Chamber of Personal Status), which contain their jurisprudence based on the said article (222 of the Family Code), shows that the prevailing trend is to adopt the Maliki jurisprudence as a reference to its decisions, Famous); never graduated from the Maliki doctrine prevailing only rarely.

This is an important feature that justifies the calls for framing the jurisprudential reference in its Maalikis and Ibadi schools by law; rather, it protects the society from the ideas that began to invade the homeland in the last period, such as "Shiism", "Ahmadiyya" and "Da`ishis".

And the social and compatibility between the components of Algerian society