Al-Adalah: Jurnal Hukum dan Politik Islam
Vol 9 No 2 (2024)

Problems Related to the Exercise of Custody Rights in Algeria: Between Legal Texts and Judicial Practice

Benaichouche, Omar (Unknown)
Djillali Bentayeb, Djillali (Unknown)



Article Info

Publish Date
31 Jul 2024

Abstract

This research addresses the problems related to exercising custody rights in Algerian legislation. As one of the critical legal consequences of marital dissolution, custody is crucial for ensuring the child's welfare. Islamic law approves custody, and statutory laws have followed suit, prompting an investigation into the legal issues arising from its judicial application. This study is structured into two main axes: the first examines issues related to alimony and house rent allowance, and the second addresses the challenges of visiting and transporting the child in custody. Using a descriptive-analytical approach, we analyzed rulings and decisions issued by the Algerian judiciary. The study found that while Algerian family law stipulates provisions for custody, many loopholes revealed through judicial practice make these provisions incompatible with Algerian society's social and economic conditions. Our findings highlight the need for legislative amendments to address these discrepancies.

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Journal Info

Abbrev

aladalah

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Al-Adalah : Jurnal Hukum dan Politik Islam is an academic journal for Legal Studies published by Study Program of Constitutional Law, Shariah and Islamic Law Faculty, Islamic State Institute of Religion (IAIN) Bone, Indonesia. Al-Adalah: Jurnal Hukum dan Politik Islam contains several researches and ...