زواج الحاضنة في الشريعة الإسلامية و قانون الأسرة الجزائري

Abstract EN

Child custody is one of the most important effects of divorce, because it is related to vulnerable children who cannot protect their own interests and manage their own affairs.

For this reason, Islamic law and then the Algerian family law are found to have paid great attention to this category of children, So that they enacted especialy for them provisions that guarantee them a decent living and necessary care that will prepare them for the future.

This research discusses two important issues concerningcustody.

The first is the lapse of the right to child custody due to the custodian marriage with a foreigner for the child, which may may increase the possibility of neglecting the child by his custodian or her failure in doing her duties towards him or even The alienation of his rights by the foreign spouse.

The second issue is the resumption of this right to the custodian when the reason for its lapse no longer exists.