حضانة الام في الفقه الاسلامي وقانون الاسرة الجزائري

Abstract

The issue of maternal custody is important in Islamic jurisprudence and Algerian family law, because of its connection to the child in custody at a sensitive stage of his life, where he needs psychological, physical and moral care, and to the mother who needs her child close to her to satisfy the maternal instinct. Based on that, we have analyzed this issue from all aspects, starting with the mother’s entitlement. For custody, the conditions of its entitlement, and the effects of that, ending with the period of its custody and dropping it, to identify the gaps raised by this issue, especially from its legal aspect We relied on the comparison between Islamic jurisprudence and law in all parts of the research as much as we could, and we followed most of the judicial decisions related to this subject. What we concluded at the end of the research is that the mother has priority over other custodians, but her custody is limited to a period and can also be dropped from her. Due to the presence of many gaps, the matter requires amending some articles, including Articles 62, 64, and 66 C A C Adding other texts to issues that the legislator overlooked, including custody of the sponsored child