مجلة العلوم الاجتماعية والإنسانية
Volume 19, Numéro 1, Pages 73-97
2026-06-10
Customary Judiciary In Algeria -a Study Of The Document On Customary Provisions And Regulations - Ben Badis Mosque As A Model
Authors : Khaldi Zineb .
Abstract
The research aims to redefine tribal judiciary by analyzing judges' evidence and integrating it with Sharia rulings that conform to Sharia law's framework. It explores rulings without explicit legal references, considering the contextual dynamics of time and place. The study seeks to clarify its rulings and their relevance in contemporary judicial legislation, both theoretically and practically. A key objective is to maintain customary laws and judicial decisions that effectively meet community needs, particularly as these practices are increasingly perceived as vital for upholding dignity and ensuring the delivery of rights. Central to the research is the question of whether customary reconciliation serves as a foundation for dispute resolution or conflicts with established legal texts and regulations.
Keywords
Council ; custom ; provisions ; Islam ; Sharia ; judiciary
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