التنزيل بين قانون الأسرة و اجتهادات المحكمة العليا

Abstract EN

The tolerance of the Islamic religion has spread over the whole family with tenderness, kindness and care and has not left the door open to sow differencesbetween its members and this is clearly seen through what is called TANZIL which makes that the grandchildren of a father who died before his father benefit from the inheritance of their grandfather within the limits of what is usually recommended is the third.

And it is through this article that I tried to clarify this subject by what was applied before the 1984 law when the courts put into practice the principles of Islamic law in the absence of a legal text.

Although the TANZIL was not automatically executed but required the existence of a will from the grandfather.

However, after the publication of the 1984 law, the text was clear on this subject but the problem arose with the word grandchildren which was not very precise and opened the field to several interpretations at the level of the Supreme Court which is pronounced by various decisions on this point.

Finally what is currently being carried out by the Algerian justice on this subject.