السلطة التقديرية لقاضي شؤون الاسرة في قضايا الخطبة و الزواج

Résumé: slam took great care of the family, and considered it the essence construction and development of any society. Therefore, it worked to organize it in a precise manner, and followed its approach the Algerian legislator through the family law, and due to the sensitivity of some topics, the Algerian legislator turned to granting the family affairs judge the authority to implement his discretionary authority regarding them. This is evident in the issues of engagement and marriage, the subject of this study, which I divided into two chapters; In the first chapter, I dealt with the discretionary power of the family affairs judge in engagement cases, where the engagement was defined and explained its jurisprudential and legal nature and the consequences of renouncing it in relation to the dowry, gifts and compensation for damage. About the sermon, and in the second chapter, it dealt with the discretionary power of the family affairs judge in marriage cases, as it devoted a section to the judge’s discretionary authority in marrying off a minor and another topic to his discretion in licensing polygamy. The study came to the conclusion that the family law granted broad discretion to the judge. In these cases, he often did not specify terms that needed to be precisely defined, nor did he specify the criteria for estimating compensation or the criteria for determining what is meant by each of the conditions of polygamy, for example, which makes the work of the judge difficult and requires reviewing and amending these textsه

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