ولاية التزويج بين الفقه الإسلامي و القانون الجزائري : قراءة تحليلية للمادتين (11)‎ و (13)‎ من قانون الأسرة الجزائري

Abstract EN

This research examined some of the provisions of guardianship in marriage and compared its provisions in the Algerian family law based on Islamic jurisprudence.

The study aims to clarify who might be the legal guardian of marriage, with an indication of enforcement cases.

It also aims to compare the provisions of law and Islamic jurisprudence on the issue of guardianship, focusing on two issues: the first is the arrangement of guardians in marriage, and the second is the (dis) enforcement case.

One of the most important findings is that the Algerian legislator agreed with the common views of Islamic jurisprudence on making the guardian a cornerstone of marriage, yet disagreed with them on some basic issues in the guardianship of marriage such as giving women the right to choose her guardian even if they were foreigners to her, and to release them to prevent enforcement in marriage