شبهات حول أحكام المواريث في قانون الأسرة الجزائري و عند الفقهاء

Abstract EN

Inheritance as a system of property is imposed on humanity and its provisions are fixed by the Holy Quran and the Prophet's Sunnah, which should not be prejudiced, and the Algerian legislator has protected it by written legal rules.

However, when family law 84-11 was passed, it was noted that it contained some legal suspicions in terms of the wording or ambiguity of some of its texts and the inaccuracy of its terms.

These suspicions caused the judge to be burdened with his return each time to the provisions of Islamic law, in accordance with article 222 of the Family Code, to decide on the dispute associated with it.

Although the legislator is obliged to maintain this system of inheritance and ensure his safety from any defects, when reforming his texts with their definition and order based on the method specified by Islamic jurists.