Добірка наукової літератури з теми "Filiation (droit islamique)"
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Дисертації з теми "Filiation (droit islamique)":
Rhayamine, Siham El. "La filiation dans les droits algérien, marocain et tunisien et en droit français : étude comparative." Perpignan, 2008. http://www.theses.fr/2008PERP0871.
In the Maghreb, the rule and the sustainability of paternity seemed legitimate present the best guarantees for the stability of families. To this end, only the establishment of legitimate paternity is admitted. The paternity "outside marriage" is not well-known legal concept which places an illegitimate child in a discriminatory situation. In keeping with Islamic law in family matters, legislators Algerian and Moroccan opt for kafâla and prohibit the adoption, it is allowed by Tunisian law, but the law puts significant restrictions. This reinforces barriers to Franco-Maghreb adoption and highlights the problem of receiving the Kafâla in France. And if filiation by medically assisted procreation began to appear in the Maghreb, he stressed most acutely in the legal loopholes Maghreb, including Morocco
Herbaut, Raynald. "L'adoption et la filiation dans les pays musulmans de rite sunnite." Perpignan, 2004. http://www.theses.fr/2004PERP0547.
Muslim family law, to which the main civil legal codes are related, is based primarily on the Koran and has vowed to remain traditional. Devised for believers, this system places Muslim States outside certain important principles expressed in the universal declaration of the rights of man. Also, the Muslim world remains foreign to the Hague Convention which succeeded in passing several agreements aiming at unification of the law to be applied to families. The aim of this thesis is to demonstrate Muslim pragmatism on the subject of adoption and consanguinity in lineal descent in Muslim countries of Sunni rite. It has also shown the difficulties linked to the adoption of Muslim children from an international legal perspective and endeavours to compare Muslim law to French law on the subject of consanguinity in lineal descent. It concludes on a somewhat pessimistic note regarding the integration of Muslims in France in terms of French law and order
Ben, Othman Nadia. "La recherche d’un droit fondamental de l’enfant à la filiation : approche comparée." Electronic Thesis or Diss., Paris 8, 2022. http://www.theses.fr/2022PA080083.
Is there a fundamental right of the child to filiation? This question has been asked to the French administration and the French judge with regard to both French and foreign children (in particular from the Maghreb), for whom the establishment of a filiation link has proven to be difficult or impossible. Even today, the traditional conceptions of filiation in France and in the Maghreb are sometimes an obstacle to the recognition of a fundamental right of the child to filiation. These traditional conceptions are perceptible through the formulation and/or interpretation of both national provisions of positive law and international instruments with a universal vocation. .../...This thesis aims to demonstrate that it is possible to guarantee a fundamental right of the child to filiation, in France as in the Maghreb, by searching in the laws and instruments in force - national as well as international - but also in the jurisprudence, the constitutive elements of such right. .../...In France, the recent debates on the filiation of children born under X, resulting from surrogacy, or from AMP, show that in spite of the recent scientific progresses, it remains difficult for certain categories of children to assert their right to filiation. That is all the more true because international instruments do not sufficiently guarantee the fundamental nature of the right to filiation. In the case of Algeria and Tunisia, there are indisputable textual sources pleading in favor of the recognition of a fundamental right to filiation of the child. In Moroccan law, although the family code expressly prohibits the establishment of natural paternal filiation, it seems that this problem can be circumvented through the procedure of recognition. .../...The study of these different legal systems also shows that, beyond their differences, there are convergences that should be better considered when deciding upon certain matters with a transnational dimension. The sources of Muslim law, on which the family law legislation of the Maghreb countries is based, do not contradict our analysis and reveal to what extent the existing political and jurisprudential interpretations to deny the child the right to filiation are more based on moral conservatism than on the existence of prohibitive sacred norms. This comparative work shows that guaranteeing the child's right to parentage requires a paradigm shift in both the drafting and interpretation of parentage laws
Lahrichi, Saâd. "La mission des notaires français et marocains : étude de droit comparé." Montpellier 1, 2006. http://www.theses.fr/2006MON10011.
Ali, Robleh Youssouf. "Le droit français confronté à la conception musulmane de la filiation." Thesis, Grenoble, 2014. http://www.theses.fr/2014GREND003/document.
The French law is confronted with standards of Muslim inspiration since the arrival in France of numerous people nationals of the Muslim countries formerly colonized by France. This meeting of the French law with the right(straight) Muslim is real because the private international law submits the questions relative to the state of the people in the national law. In spite of the current trend(tendency) of the French deprived international law which favors the skill(competence) of the French law with regard to(compared with) the right(straight) foreigner(foreign countries), the French rules(rulers) of conflict relative to the filiation are not hostile to the right(straight) foreigner(foreign countries).he French judge is thus confronted with the Muslim model of filiation based(established) concurrently on the marriage and on the blood relationship. The consequences of this model put certain difficulties in particular the exclusion from the natural filiation and the ban on the adoption. These Muslim prohibitions are understood(included) as being out of step with the evolution of the French law of the filiation which abandoned(gave up) the distinction natural filiation and justifiable filiation. This thesis(theory) proposes a vision at the same time original and authentic of the right(straight) Muslim of the filiation which can open the way to a positive reception of this right(law) often presented as irreparably opposite(opposed) to the French law
Marson, Francis Zafindrandremitambahoaka. "Les sultanats musulmans à Madagascar : la filiation de la civilisation des échelles commerciales arabes et la survivance islamique dans certaines royautés malgaches." Perpignan, 2007. http://www.theses.fr/2007PERP0754.
This thesis shows that some moslem sultanates existed in Madagascar. It describes the political and social organization of the eight islamized kingdoms, especially antemoro, antanala, sakalava, antakarana, anjoaty, onjatsy, antambahoaka and antanosy. We are informed that these monarchies are governed by the descendants of the immigrants who lived in the arabian trading "echelles" implanted along the Malagasy coastline: the Zafikazinambo from Ambohabe agency are the Antemoro and Antanala ancestry; the Antalaotra from Langany agency for the Sakalava and Antakarana; the Rasikajy from Bimaro agency for the Anjoaty and Onjatsy; the Zafiraminia from Ambohitsara agency for the Antambahoaka and Antanosy. The Arabian cities had been occupied by colonists from differents countries and practicing distincts rituals. The islam "sunnite chaféite" has professed to Ambohabe and to Langany, the islam "shiite zaydite" in Bimaro, and the islam “shiite ismaélien” in Ambohitsara. This research results from the comparative analysis of the legal systems practised in these monarchies with the different moslem doctrines concerning the califat. It shows up that some sultanates existed to Madagascar and the eight islamized kingdoms are these extensions
Eltashani, Mohamed. "La protection de l'enfant en droit Libyen : constats et perspectives." Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0083.
The purpose of this study is to address the protection of children in Libyan law. If the international community has worked to ensure that the child is a matter of complete and specific protection through various texts, not remains that the situation of the child continues to be patchy depending on his geographical and cultural location. Address the situation of children in Libya, is first of all, make a finding of its situation in a country that has experienced 42 years of dictatorship, where most of the democratic institutions were absent, where all power was centralized, where the law has evolved timidly preferring to remain in the wake of Islamic law. The study tries to provide an assessment of the situation of children in Libya in light of international standards, and comparing with the French law. The first part of this study, discuss about the status of the child in Libyan society, where it makes the difference between legitimate and natural children. What follows different rights. The finding is also done on the protection of the child by the family, or the state, to see how the Libyan law defines the roles and areas of intervention. The contribution of the state of French law allows us to have a different view, to see how we can improve the protection of children in Libya. In the second part, the study compared tackles, socio-educational and health policies offered by the Libyan and French right to the child, through the study of his situation at school, and their right to health. Finally, the protection of children against economic exploitation and crime remains a major challenge, which is why the study deals with the supply of Libyan and French law on the subject. This study attempts not only to draw up a report, but also provide some answers that may help improve the situation of the Libyan children
Houhou, Yamina. "La Kafala en droit algérien et ses effets en droit français." Thesis, Pau, 2014. http://www.theses.fr/2014PAUU2001/document.
Kafala is not an Islamic law concept but a new concept of positive Law. Kafala is a complex legal concept. Its complexity is inherent to the many legal questions it raises. Kafala does not create affiliation, but confers parental authority, and a name for the makfoul (adopted child) without filiation. The transposition of the concept of kafala by the French law has generated a problem. The prohibition of adoption imposed by the Algerian law has had a negative impact on the kafala concept because it is often compared to adoption. French law has actually banned the adoption of a child raised by kafala. The makfoul , often without filiation, has no legal status in France
Mazouz, Asmaa. "La réception du Code marocain de la famille de 2004 par le droit international privé français : le mariage et ses effets." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA028/document.
This work is to study the confrontation between two distinct legal systems relating to marriage and its effects. It is the receipt of the Moroccan family law which is of religious essence by the legal order french through its international law private, a legal secular. The first part of this book is devoted to understanding Moroccan marriage and its effects which is indispensable for the reception of foreign institutions by the french legal order. Achieve this, to understand the evolution of the marital institution since the creation of the first Code of the Moroccan family, until the reform of the latter in 2004. Ithighlights the assimilation by the Moroccan legislator of the marriage and its effects in a modern family Code while keeping its religious essence. This indispensable approach leads to understand the scope of the reform of the Moroccan wedding of 2004 and the difficulty that knows its application.Understanding its limits allows to capture the design of the concept of family in the Morocco of today.The second part is devoted to this concept through the Moroccan wedding reception and its effects byfrench private international law. The study of the application of the rules of private international law shows the difficulty that Moroccan law applicable on french territory despite the existence of the Franco-Moroccan agreement of 10 August 1981. Moroccan law is, despite its jurisdiction, either before a difficult qualification of its unknown institutions of the french legal system and in this case, it is denatured. It is against the intervention of the mechanism of the public order exception as its institutions and its rules are considered offensive the fundamental principles of the Forum and consequently, he was waived. By analyzing the methodology of french private international law, a certain relativism arises in the application of its provisions that shipments to wonder about the limits of respect for the fundamental values of the Forum. A relativism that struggles between pursuing the goal of private international law to harmonize two different systems
Chakira, Samina. "L'évolution du statut juridique de l'enfant en droit comorien : histoire d'un pluralisme juridique à l'épreuve de la modernité." Thesis, Perpignan, 2014. http://www.theses.fr/2014PERP1209/document.
Regarded for centuries as a subject devoid of any reflection, Comorian children are protected by a specific type of community protection. This is complemented by protection from the state which, inspired by the legal instruments relating to fundamental rights of the child, reinforces this community protection in a consistent manner. Comorian children grow up in a multicultural society, marked by poverty. The protection offered to these children is based on both the Comoros’ own educational traditions, and on modernity, represented by legal contributions related to settlement and ratification of international agreements. Our thesis analyzes the rights of Comorian children in a complex environment, characterized by a plurality of legal sources. Therefore, we chose two angles of approach. Firstly, we analyzed children’s rights based on the organization of the Comorian society and the markers of child protection in terms of legal sociology, history, law, anthropology, sociology, and ethnology. This also allowed us to reflect on the protection of children taking into account both formal and informal systems. Secondly, we analyzed the implementation of the CRC in a multicultural society dominated by the spoken word. We also analyzed domestic and international texts; actor’s involved in child protection, and their flaws. This study aims to have the state and civil society reflect on an optimal model for protecting children that would comply with ratified conventions, all while taking into account the realities of the country. This hypothesis led us to propose a reform of the law regarding children’s rights to achieve both legislative and judicial reform, all in accordance with international law