الجرائم الأسرية دراسة مقارنة بين الشريعة والقانون

Abstract

All people agree with the idea that the family is the main and natural cellular for building and for protecting societies, but the dependance of the most contries on the beneficial parameters when they issue their laws, leads to hid the real meaning of the family, which may be formed nowadays without marriage, or it emerges through homosexual, further that, the loss of the society’s good characteristics leads to separate this cellular (if we suppose it is existed), and leads to the increase of the family’s aggressiveness and the spread of incest among the family members, in addition to that, leads the miss use of the family members’ rights. For all these reasons, every country should lead and control some concerning the family, for avoiding tyranny, for extending and recognizing the noble characteristics, and for gioring the natural right to the family members. that’s why we find that protecting family begins from its organization through the family’s law, which indicates both the rights and duties of people. But in most cases it becomes difficult to apply this law, and for that we intend to the penal way, in which the state enters through applying the punishment law, that’s characterized by the preventative feature, and here we notice that not all the protective rights in the family law are maintained by penal rules, because the punishment law protects only the ideal rights within societies. Our problematic which we wont to trait through this search, is that the Algerian legislature might trait the subject of the family’s crimes by the punishment law which is brought from the French law, where as the Algerian family is followed by the family law which is brought from the Islamic rules. So, does the Algerian legislature succeed in treating and solving the family’s crimes according to the origins of both the punishment and family laws? Whit other word, do the crimes which happened inside the family conserving in the punishment law corresponding whit the Algerian family’s nature? That’s what we’ll try to answer and to indicate through this search in which we depend on the analysis of the Algerian punishment law texts, in view of what is came in the Islamic rules as good parameters.