The effect of difference of religion between spouses on the child's rights (Right to citizenship, Name and Alimentation) between Islamic Law and the Algerian Family Law

Abstract

The difference in religion is a matter required by the divine will among human beings, and it is a matter that will undoubtedly have an impact on personal status issues. This study came to shed light on part of those effects, which is the impact of the difference in religion between spouses on the rights of the child. We specifically study these rights; the right of dependency in religion, the right to name, and the right to alimony, due to the importance and impact of these rights in raising children properly. To study this topic, I divided the research into an introductory requirement and three requirements. In the introductory requirement, I explained what is meant by the difference in religion between spouses. In the first requirement, I addressed the difference of jurists on the issue of the dependency of the child in religion. The second: I devoted it to the issue of naming the newborn. In the third requirement, I explained the issue of alimony for a child between people of different religions, on whom it is obligatory. I explained the provisions of all of that in Islamic jurisprudence, then I compared the most valid of the jurists’ statements in my opinion with what is stated in the Algerian Family Law. If the aforementioned law does not refer to a part, I propose an article in which I try to fill a legal gap in the subject.