The Concept of Jurisprudence in Algerian Law
The Concept of Jurisprudence in Algerian Law

Author(s): Hind Belkhir
Subject(s): International Law, Administrative Law
Published by: Scientia Moralitas Research Institute
Keywords: jurisprudence; Algeria, nawazil; qadat; Muslim law
Summary/Abstract: 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 – 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.

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