الإحالة إلى أحكام الشريعة الإسلامية في قانون الأسرة الجزائري بين الإطلاق و التقييد : أي نجاعة في إيجاد الحلول لقضايا الأسرة المستجدة ؟

Abstract EN

In this research we discuss the problem of choosing the Algerian family legislator to refer family rulings in which there is no legal text to the provisions of Islamic Sharia and the extent of its effectiveness in finding appropriate solutions to family problems and developments, and then determining the possibility of establishing a general principle derived from Islamic jurisprudence on the one hand and that takes into account the controls And developments of personal status in Algeria, the research also aims to explain the methods and mechanisms by which the judge refers to the provisions of Islamic jurisprudence.

How effective is the legal value of the principle of referral to the provisions of Islamic law? What is meant by the general term Islamic law? Does this affect the launch or restriction of the referral principle contained in the text of Article 222 of the Algerian Family Code in force? :