الاستصحاب عند فقهاء الشريعة الإسلامية وأثره على مسائل قانون الأسرة الجزائري: "مسائل المفقود نموذجا"

Abstract EN

This article addresses the topic of Istishab according to Islamic law scholars and its impact on issues relating to the missing person.

Its content relates to Istishab as an indirect source of provisions on the missing person in Algerian family law and as evidence from controversial doctrinal evidence adopted to derive Islamic provisions by Islamic sharia scholars in the area of jurisprudence, particularly in matters relating to the family, such as the issues of a missing person, dowry, breastfeeding, donation, and divorce (marriage annulments).

This study aims to highlight the status of Istishab in Algerian Family Law through the legislator adoption of some of the issues' provisions provided by scholars who have taken it as legal evidence, using it, and applying it in the Family Law such as the legacy of the missing person issue regulated by the Algerian law.

Thus, the research identifies the effectiveness of this evidence at the legal level in general and draws up provisions on the missing person in particular.