أحكام الحماية الأسرية في الفقه الإسلامي و القانون

Abstract EN

Islam has taken an interest in family affairs and has decided a special system for it, as well as the Algerian family law, whose provisions are derived from the tolerant Islamic Sharia, and international conventions have taken care of family affairs and decided on articles and provisions that affirm the need to take care of it, considering the family as the natural and basic unit of society and has the right to enjoy the protection of society and the state.

That is why all man-made laws and divine laws sought to work to preserve this great human legacy.

The Holy Quran has presented a variety of pictures of family relations, some of which constitute a model to be emulated, and some of them alert negatives that contradict the model presented in order to avoid them and deal with them realistically.

From this, we decided to address in this research the issue of family care problems, and the aim of it is to shed light on the subject of amendments to Family Law No.

84-11 from the Sharia and legal point of view.

The most important results drawn from this research is that: The legislator, despite its approval on the one hand of the marriage registration system, has recognized on the other hand a common-law marriage, which opens the way for several transgressions that may negatively affect the interest of the family.