أهمية اعتبار الصلح بعد صدور الحكم النهائي في الفقه الإسلامي و القانون الجزائي الجزائري

Abstract EN

The aim of this article is to affirm the importance of considering the conciliation after the final judgement, and its positive effects on equally the disputers and the court, on the basis of the Islamic law (sharia), while coping with the most significant modern criminal policies and the experts recommendations whose objective is to lessen the traditional penalties of the minimum.

This study has concluded that the Sharia has not defined a certain duration, only in some limited cases that can be easily determined.

Not to mention that most of modern legal doctrines tend to consider conciliation within the trial and after the final judgement, as several modern codes have adopted this tendency.

While the algerian penal law is still forbidden the conciliation within the trial and after the final judgement without reasonable argument, this opinion is mostly built upon fear and skepticism more than actual arguments and proofs.