-المقاصد الشرعية في تشريع الاحوال الشخصية - قانون الاسرة الجزائري نموذجا

Abstract

This research, titled "The Objectives of Sharia in Personal Status Legislation — The Algerian Family Code as a Model," addresses the objectives of Sharia (Maqasid al-Shari'ah) as a crucial field in personal status legislation. This study aims to monitor and trace the manifestations of the objectives of Islamic Sharia across all chapters and texts of the Algerian Family Code. The research problem lies in demonstrating the objectives of Sharia in personal status legislation and the extent to which the Algerian legislator succeeded in harmonizing the provisions of Islamic Sharia with its fundamental objectives. Through an inductive analysis of the texts of the Algerian Family Code in most of its chapters—excluding the chapter on legal representation (Al-Niyabah alShar'iyyah), which was not fully addressed, though the objectives of child custody (Al-Hadanah) and alimony (Al-Nafaqah) as effects of divorce were examined—the study reveals that the Algerian legislator embodied the preservation of the five universal necessities (Al-Kulliyat al-Khams). Furthermore, it preserved the primary objective of marriage, which is tranquility, affection, mercy, and harmony. In the chapter on inheritance and donations, the Algerian legislator achieved the objective of justice in wealth distribution, the preservation of the five necessities, and the objective of social solidarity. Ultimately, we concluded that the Algerian Family Code is derived from the rulings of Islamic Sharia and is fully compliant with its legitimate objectives, which are inspired by the Holy Quran and the Prophet's Sunnah