غياب و فقدان الولي و أثره على عقد الزواج في الفقه الإسلامي و القانون الجزائري

Abstract EN

The Islamic law has established guardianship over women to preserve their rights forever Therefore, the majority of jurists decided that the woman, whatever her condition, should not establish her marriage contract by herself, however, the Hanafis authorised the adult woman to do that with conditions.

The Algerian legislation took the opinion of the Hanafis.

Almost olutely therefore, if the closest guardian was lost or ent, that would have an effect on the woman.

If she liked to get married, because of that, our jurists addressed this issue, they authorised the transfer of the right of marriage and they put conditions to that according to the type of ence and the woman's interest, they also took into consideration keeping her away from harm as well as preserving the right of the guardian.

The Algerian legislator has given the adult woman the right to start her marriage by herself without the presence of her guardian.

The role of the guardian is restricted by the Algerian legislator only to marrying a minor girl, but he did not mention the transfer of guardianship because of the loss or the ence of her guardian and this requires reference to Islamic law to devise an appropriate solution.