مسائل لم ينص عليها قانون الأسرة الجزائري و دور اجتهادات المحكمة العليا في استكمالها

Abstract EN

There is no doubt that the Supreme Court's jurisprudence plays an important role in completing what the legislator overlooked in the Algerian family law, given that the drafting of legislation has generated many vague legal texts and pending issues that call for immediate clarification, in addition to other issues marked by incompletion and contrast.

In a bid to overcome this issue, the Algerian legislator put the Article 222 of the Family Code which facilitates reference to the Islamic law (Sharia'a) in order to fill in all legal gaps as a solution to any unstated issues in the Family Law.

This jurisprudence was well grounded in Family legislations of Arab countries regardless of their different schools of jurisprudence.

The present paper addresses a number of quite significant omissions from the Law and some unstated issues, in addition to the role of the judiciary in implementing them.