العدل أساس تشريع الميراث في قانون الأسرة الجزائري

Abstract EN

The heritage legislation takes an important part of the family law, being based essentially on the principle of justice, it details explicitly the rules of heritage, excluding it from the ijtihad field, as opposed to the general method of legislation, because it deals with permanent interests, in order to maintain the stability of the family and thus that of society as a whole.

The Algerian legislator made the family laws, including the heritage laws, out of the Islamic teachings, which means that those laws constitute the social order therefore they can't be violated, and any attempt to change them in the name of gender equality will result in the violation of the woman's right of heritage.

The study of the heritage system's philosophy in Islam reveals a miraculous legislation that concerns the family in general, and the olute justice of God in legislative the laws of heritage.