تقدير مصلحة المحضون: دراسة مقارنة بين الفقه الإسلامي وقانون الأسرة الجزائري

Abstract EN

Custody originate in the law to protect the interests of child subject to custody, this is achieved by ensuring the stability, because the child in unable to perform his activities.

In normal situations, this end come true easily because a love children and promote their interests are programmed into a Muslim family but certain exceptional circumstances may arise such as divorce, and many conflicts that make the child in danger, in considering the matter, laws have been enacted, aim to realize the interests of a child, and to be taken into account in event of litigation, especially, in the cases of allegations concerning this section.

through that matter, we make comparison between Islamic jurisprudence and law, so we can see: Size of the legislator compromise concerning the consideration given to the interests of the child, in the custody provisions chapter.

Degree of his commitment to respect malekite reference question, or he resorted to other doctrines, in particular “hanifite” orientation.

That's what we tried to answer in this research paper