المقاصد الشرعية في تشريع الاحوال الشخصية - قانون الاسرة الجز ائري نموذجا

Abstract

This research, titled "The Sharia Objectives in Personal Status Legislation : The Algerian Family Code as a Model," explores the vital role that Sharia objectives (Maqasid al-Sharia) play in personal status legislations. This study aims to monitor and trace the manifestations of the objectives of Islamic law across all sections and provisions of the Algerian Family Code. The core research problem lies in clarifying the objectives of Sharia in personal status legislation, and evaluating the extent to which the Algerian legislator succeeded in aligning its provisions with Islamic jurisprudence and its higher objectives. This was achieved by analyzing the texts of the Algerian Family Code across most of its chapters—excluding the section on legal guardianship (AlNiyabah al-Shar'iyyah), while focusing on the objectives of child custody (Hadanah) and alimony (Nafaqah) as post-divorce effects. The study is structured into an introduction presenting the main problem, a preliminary chapter defining the nature of Sharia objectives and their relationship to personal status, and two core chapters that form the substance of the research : • The first chapter examines the Sharia objectives in the legislation of personal status regarding marriage and its dissolution within the Algerian Family Code. The study demonstrates that the Algerian legislator embodied the preservation of the five necessities (Al-Kulliyyat al-Khams) alongside the primary purpose of marriage, which is tranquility, affection, mercy, and intimacy. • The second chapter investigates the Sharia objectives in the legislation of inheritance and donations, where the Algerian legislator achieved the objectives of justice in wealth distribution, the preservation of the five necessities, and social solidarity. Ultimately, the study concludes that the Algerian Family Code is deeply derived from the rulings of Islamic Sharia and is fully aligned with its legal objectives, which are inspired by the Holy Quran and the Prophetic Sunnah.