حق الطفل في الحضانة

Abstract

Abstract: Custody is one of the most important topics that have caught the attention of academics, jurists and Islamic scholars, considering that custody is one of the consequences of divorce, it mainly concerns children come from the dissolution of the marital bond on the way of educating and taking care of them, this is why the Algerian legislator held, in addition to the provisions of Islamic law, to protect the right of child custody, considering the interest of the child in custody the pivot of the case.

Throughout our legal study, we have reached a number of results, which are as follows:

The Algerian legislator intervened from the Algerian family code before and after its amendment to ensure the protection of the rights of child in custody in the first degree according to the necessity of his interest.

The Algerian legislator has left the text of article 64 of the Algerian family code vague, since he has submitted the order of beneficiaries of child custody to those who are closest to him and has left several people in the same order, which made it difficult for the judge to award custody.

The Algerian legislator was satisfied with the single term "eligibility", because it did not specify the conditions that the guardian of the child must fulfill and left it to the judge to search for them in the sources of the Sharia.

The obligation of the mother's pension for the children in the event of the insolvency of the father according to article 76 of the Algerian family code.

Specifications for custody care accommodation were not specified, just the term suitable accommodation.