أحكام مصلحة المحضون على ضوء ترتيب الحاضنين تشريعا وقضاة

Abstract

The issue of child custody following the dissolution of marriage is one of topics that should be studied at the present time due to the problems and conflicts that it causes and the effects it has. The first chapter deals with the definition of custody and the order of custodial parents in terms of Islamic law as well as Algerian legislation. In addition, a comparison has been made between the orders of custodial parents to conclude in the end that the Algerian legislator did not go against the provisions of Sharia. The second chapter is devoted to study the concept of child interests and the power of the judge over determining custody in the order of the custodial parents contained in the law, or his will to violate the order as a means to safeguard the interests of the child. This chapter also clarifies the judge's relationship to custody and the power invested in him over determining custody or dropping it. Finally, the fallouts of custody such as alimony, housing, the exercising custody and visitation were thoroughly studied. important