Harmonisation of Shari’ah and Algerian family law/children’s maintenance

Soualhi, Asma Akli and Ihaddaden, Chouaib Abderachid (2024) Harmonisation of Shari’ah and Algerian family law/children’s maintenance. In: Harmonisation of Shari’ah and Civil Law: Progress and Achievements. Centre for Islamisation (CENTRIS), IIUM, Kuala Lumpur, Malaysia, pp. 77-87.

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Abstract

This study delves into the crucial issue of children's maintenance in both Shari'ah and Algerian family law. Motivated by the vulnerability of children in society and the potential for parental injustice, the research adopts a comparative approach to analyse Shari'ah principles, scholars' opinions, and Algerian Family Law articles. In the broader context, the study underscores the societal importance of regulating personal status issues, particularly children's maintenance, through Shari'ah-based provisions. Shari'ah is valued for its commitment to fair and comprehensive maintenance provisions, ensuring justice for those entitled to it. Methodologically, the research examines Shari'ah principles and scholars' perspectives alongside a detailed analysis of relevant articles in Algerian Family Law. This comparative framework aims to unveil consistencies or disparities between the two systems concerning children's maintenance. In conclusion, this study contributes to the discourse on the regulation of personal status issues, emphasising the significance of aligning legal provisions with Shari'ah principles. By highlighting the strengths and potential improvements, the research seeks to inform future legal considerations and ensure effective protection of children's rights in matters of maintenance.

Item Type:	Book Chapter
Additional Information:	5957/119194
Uncontrolled Keywords:	Shari'ah, children's maintenance, family law, Algeria
Subjects:	BPK Islamic law. Shari'ah. Fiqh
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr ASMA AKLI SOUALHI
Date Deposited:	24 Nov 2025 16:07
Last Modified:	24 Nov 2025 17:10
Queue Number:	2025-11-Q095
URI:	http://irep.iium.edu.my/id/eprint/119194

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