مراعاة مصلحة الطفل المحضون في الشريعة الإسلامية و قانون الأسرة الجزائري

Abstract EN

The child is considered the first person affected by the separation between the spouses, because of his weakness and his need for those who care for his interests and manages his affairs.

Therefore, the Islamic Shari'a came in many provisions regulating custody issues, taking into account the interests of the child in all cases, as the focus of the case, followed by the Algerian family law, and the judiciary in the interpretation and application of Legal texts, whether when the custody is assigned or when the custody is to be dropped, in accordance with the criteria derived from the legislative texts and the purposes of the legislation.

In this article, a statement of some aspects of the best interests of the child by the Islamic Shari'a and the provisions of the Algerian family code and the Jurisprudence in this area.