زواج القاصر بين الشريعة الإسلامية وقانون الأسرة الجزائري

Abstract

In this topic, we dealt with the marriage of minors between Islamic jurisprudence and family law as a phenomenon in some Islamic societies, where guardians marry the girl before the legally specified age, claiming that religion permitted this, citing hadiths and traces of the companions, without taking into account the change of time and place, as the legislator’s view the Algerian in his age to the issue of the marriage of minors and the extent of his efforts to provide the necessary protection for them from this marriage, which was mentioned as an exceptional case in Article 07 of the Algerian Family Code related to the legal capacity for marriage, and this matter was accepted in society in general and in particular, and therefore laws were put in place to provide protection for the minor in order to avoid To expose him to violations that might harm his interests