Legal Acts of a Discerning Minor in Algerian Law Compared to Islamic Jurisprudence

Abstract

A discerning minor is classified as having diminished legal capacity under both Algerian legislation and Islamic jurisprudence, and the legal actions undertaken by such a minor fall under the category of voluntary legal acts. Upon examining the relevant provisions of Algerian law, it becomes evident that there exist two differing legal positions, which exhibit a degree of inconsistency.

This study seeks to explore the nature of this discrepancy in the legal treatment of a discerning minor’s acts within the Algerian legal framework, particularly by analyzing the relevant provisions and comparing their stance with that of Islamic legal doctrine.

The findings indicate the presence of a legislative inconsistency, specifically when comparing Article 83 of the Algerian Family Code with Article 101 of the Algerian Civil Code. In light of this, the study recommends the harmonization and amendment of these two articles, in a manner that ensures coherence and aligns with the well-established principles of Islamic jurisprudence regarding the legal capacity and acts of a discerning minor.