ثبوت النسب في الزواج غير الصحيح في الشريعة الإسلامية و القانون

Abstract EN

Descent is one of the topics that has a profound impact on human life.

In this regard, Islam has considered marital bed as the only way for a man to contact a woman after getting married.

However, this communication may happen through an illegal marriage, as it may arise corrupt and may be null and void.

This marriage may result in a son, and he has the right to be affiliated with his father, except that the wise legislator does not establish any lineage except under conditions and restrictions that control the way it is shown and proven, and the Algerian legislator considered the lineage of the child to his father one of the most important effects of the marriage contract.

If the child's lineage to his mother is constant because of the visible pregnancy and childbirth, then assigning the child's lineage to his father is not always easy.

In the face of the truth of the incorrect marriage, and a child was born of his right to be attributed to his father, we find the jurists of Islamic Sharia as well as personal status laws sayings regarding the issue of whether he is proven or not, taking into account the rule of reviving the boy, and taking the criterion of the extent of the two parties 'knowledge of the sanctity at the time of the conclusion of the marriage.