The Concept of Jurisprudence in Algerian Law
Hind Belkhir ()
Additional contact information
Hind Belkhir: University Oran 2 Mohamed Ben Ahmed, Oran, Algeria
RAIS Conference Proceedings 2021 from Research Association for Interdisciplinary Studies
After its independence (1962), Algeria opted for a legal system of written law attached to the Roman-Germanic family. The young republic was to generate legal innovations of which the concept of jurisprudence was to be the witness. Our contribution attempts to evaluate the concept of jurisprudence through its legal thought of French law and as defined and conceived in the tradition of the Muslim legal doctrine that was present in Algeria before and during colonization. This will give us the underline the importance of nawazil, a kind of "ruling jurisprudence", where the massail (cases) and the motivation of the resolutions of these cases are recorded. These written collections of several great Maghrebian jurisconsults inspired the decisions of the qadi (judge) in order to render the most just, equitable and rational justice possible. The place of nawazil in the practice of qadat (judgment) that existed in Algeria before and during colonization will allow us to shed light on the place of jurisprudence in Algerian law â€“ a very poorly documented issue, indeed. An overview of the historical evolution of the legal systems that coexisted for a long time during this period will prove to be very useful.
Keywords: jurisprudence; Algeria; nawazil; qadat; Muslim law (search for similar items in EconPapers)
Pages: 6 pages
New Economics Papers: this item is included in nep-his and nep-law
References: View complete reference list from CitEc
Citations: Track citations by RSS feed
Published in Proceedings of the 24th International RAIS Conference on Social Sciences and Humanities, October 17-18, 2021, pages 42-48
Downloads: (external link)
http://rais.education/wp-content/uploads/2021/11/0120.pdf Full text (application/pdf)
This item may be available elsewhere in EconPapers: Search for items with the same title.
Export reference: BibTeX
RIS (EndNote, ProCite, RefMan)
Persistent link: https://EconPapers.repec.org/RePEc:smo:lpaper:0120
Access Statistics for this paper
More papers in RAIS Conference Proceedings 2021 from Research Association for Interdisciplinary Studies
Bibliographic data for series maintained by Eduard David ().