خضار سهام - قويدري عائشة2024-12-162024-12-162024https://dspace.univ-msila.dz/handle/123456789/45326The issue of the judge's authority in assigning custody has its importance stemming from the category that Islamic jurisprudence and the Algerian legislator wanted to protect, and from custody itself, it is an indispensable mechanism in providing the needs of the child and his upbringing, and our goal from this research lies in highlighting the practical practice of the judge when assigning custody and balancing between the application of the provisions of the family law and taking into account the interest of the custodians, which the Algerian legislator has made the basis for assigning custody, and Comparative and descriptive approach. We have come to a set of conclusions, the most prominent of which are: that the custody must take into account the interests of the custodians, wherever they exist, the judge must take them into account, whether in the order of the custodians when assigning it or when returning it to the one who dropped it or to the one who relinquished it, however, there are some issues overlooked by the legislator, despite their importance; related to the detail of the conditions of custody, as well as his failure to specify the degree of relatives contained in Article 64 S. A. C., and from what we propose to adjust the term of custody interest because it is loose and subject to the broad discretion of the judge, and reformulating Article 64 S. A. C by giving priority to the closest women because they are the most patient and bear the burdens of custody.otherCustodyDiscretionJudgeCustodiansThesis