كفالة مجهول النسب بين الفقه الإسلامي وقانون الأسرة الجزائر ي

Abstract

One of the issues that has imposed itself in our current society is the spread of the category of children of unknown parentage due to the decline in values and morals in society. Both Islamic Sharia and positive law addressed this issue by opening the door to charity and giving the benefactors of the community the opportunity to take care of these children, and they were allowed Also, by giving them a share of their money, whether by donation or will, without inheritance, which is granted to legal children exclusively, and with this the legislator has closed the door to adoption and the resulting mixture of lineages and disputes between the sons of society, following what came in Islamic Sharia, and he approved the system Sponsorship in Algerian legislation The guarantor has the right to grant the sponsored child his family name to facilitate the process of sponsorship and also grant him all material rights in accordance with legal controls that prevent forgery or distortion of genealogy.