المركز القانوني للجنين : دراسة مقارنة بين الشريعة الإسلامية و القانون الجزائري

Abstract EN

The child is a fruit of marriage, and one of its main purposes.

In view of the importance of childhood, its care and protection of its rights is a human principle.

It is concerned with all the legislations and statutes, especially Islam, which recognized the child's rights and ordered its protection.

However, this care should begin before its birth from the stage of being a fetus to his formed and his genetic features determined.

For that reason, the law conferred him full rights, from the time he was making in his mother's uterus until his separation from her.

Therefore, laws presupposed an estimated life for him and rights after his birth alive, even if he dies thereafter; but if the condition of life is not fulfilled at the birth of the fetus it loses legal personality retroactively and therefore is not gaining any right.

the fetus, which was born alive, has a legal personality and limited legal capacity; it has two types of civil and moral rights (such as, Filiation, Spending, Heritage, Will, Property, Patrimony, Donation, and Waqf )