واقع القضاء بين المالكية والأحناف في الجزائر خلال العهد العثماني

Abstract EN

This study discusses several key aspects of the judiciary exercise in Algeria during the ottoman period, by addressing the topic of judiciary’s reality between the Maliki and the Hanafi schools.

as known, there were two Islamic jurisprudence’s schools in Algeria; the Maliki school that was the indigenous people’s doctrine and the Hanafi school that was the official ottoman authority’s doctrine.

the latter, nonetheless, had no income in imposing their doctrine on the Algerian population.

this was reflected in nature of the judicial system that was characterized by duality and bilateral between the mentioned doctrines along that period.

this study aims first at highlighting the judiciary’s relationship with the authority and the advisory opinion, i.e., fatwa in the Algerian regency, and second at demonstrating bilateral key aspects that characterized its institutions and judicial structures, and drawing their impact on the reality of coexistence on the relationship between the two doctrines.