مجلة دائرة البحوث و الدراسات القانونية و السياسية
Volume 10, Numéro 1, Pages 32-54
2026-01-09
The Best Interests Of The Child In Custody Assignment And Termination : A Comparative Study Of Islamic Jurisprudence And The Algerian Family Code
Authors : Zazoune Akli .
Abstract
The dissolution of marriage may occur through the death of a spouse, divorce, or khulʿ. To shield the child from the adverse consequences of such separation, Islamic law has established detailed provisions safeguarding the child’s rights, as set forth in the sources of Islamic jurisprudence. Among these rights is the child’s entitlement to care and custody, entrusted to the person most capable of ensuring his physical welfare and religious upbringing. This assignment is always determined in light of the paramount consideration of the child’s best interests, even where this may take precedence over the custodian’s interests, including those of the mother, until the child reaches sufficient maturity and independence. Personal status laws in Arab countries, largely derived from Islamic law, have adopted the same approach. The Algerian Family Code, enacted by Law No. 84/11 of 9 Ramadan 1404 AH (corresponding to 9 June 1984), and subsequently amended and supplemented by Ordinance No. 05/02 of 18 Muḥarram 1426 AH (27 February 2005), regulates the rules of custody in Articles 62–72. These provisions emphasize, above all else, the primacy of the child’s best interests, regardless of the custodian’s identity, including in cases where the custodian is the mother. Accordingly, this research addresses the issue of custody, with particular emphasis on its assignment and termination, both in Islamic jurisprudence and under the Algerian Family Code. The study is therefore entitled: “The Best Interests of the Child in the Assignment and Termination of Custody in Islamic Jurisprudence and the Algerian Family Code “.
Keywords
Custody, Child, Best Interests, Islamic Jurisprudence, Family Law.
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