إشكالات توريث ذوي الأرحام بين الأحكام الفقهية و التشريع الجزائري

الملخص EN

Blood relatives is from the issues that have taken different opinions of the four religious Islamic jurisprudence schools.

As for the rest of the bodies (or sides), the legislator ignored them.

The aim of the study is to clarify the expected Algerian legislator's position in light of a long-running and complex jurisprudential dispute.

Particularly, the difference is clear between the schools that have opined for bequeathing blood relatives and the Maliki school of thought adopted in Algerian legislation.

This disagreement is dealt with in this research relying on highlighting the different positions of the one issue, what is more preponderant, and the method adopted in the division by theMaliki school to conclude that the most important parties in disagreement have been overlooked in the Algerian law.

Also, the disagreement about it exists in the one doctrine, hence the judge's confusion about the law's position on the issue is confirmed.