ميراث ذوي الأرحام بين الفقه الإسلامي وقانون الأسرة الجزائري

Abstract

In our memorandum which was about the inheritance of relatives between Islamic jurisprudence and algerian family law , we have discussed several important aspects.We have started by the first chapter in which we define the relatives as the heirs who do not fall within the ranks of the owners of fard and agnate relatives , then we affirmed on their great position through the Quranic verses as well as the prophetic hadith. After that, we discussed the legality of this type of inheritance, as there was a dispute between a supporter of their inheritance and an opponent of them, citing several evidences from the Quran , Sunnah and others . For the second chapter, we took the heirs who are included among the consanguineous relatives, such as the aunt and uncle, showing after that the correct rules for their inheritance, with our reliance in this study on the position of Islamic jurisprudence .adopted for this, as well as the position of the Algerian legislator