موانع الميراث بين الفقه الإسلامي وقانون الأسرة الجزائري.

Abstract

In this research, we discussed the division of impediments to inheritance into agreed impediments and different impediments in them, by comparison between Islamic jurisprudence and Algerian law, and the agreed upon impediments are represented in: Preventing murder, cursing, adultery, and differing religion. As for the different impediments, they are the doubt about the precedence of death, the lack of initiation, the barrier to the difference of the two homes, the judgmental role, and the barrier to consanguineous relatives. We have noted that the Algerian legislator in the Family Code expressly provided for most of the impediments in line with the provisions of Islamic jurisprudence, but it did not explicitly provide for adultery, but it can be considered an impediment through the stability of the text of Article 126 of the Algerian Family Code, as it says: “One of the reasons for inheritance is kinship and marriage.” He also neglected to mention the reason for the difference of religion and the reason for the difference of the two worlds. However, he refers us to the provisions of Islamic Sharia as a backup reference according to the text of Article 222 of the Family Law, in which it is stated: “Everything that is not stipulated in this law is referred to the provisions of Islamic Sharia