The Effects Of Apostasy On Family Provisions In Algerian Legislation And Islamic Jurisprudence

Abstract

If a Muslim changes his belief to another religion or to atheism he is involved in the apostasy on which Islamic jurisprudence has arranged a number of effects that are considered as penalties for the person who changed his belief. The aim in this article is to explain the concept of apostasy & its effects in Islamic jurisprudence & Algerian Law whether related to the provisions of the families. Where the apostasy leads to separation between the spouses, the ending of custody and guardianship of the apostate, depriving him of the inheritance, and nullifies the donation and waqf, but the wills are valid. The Algerian legislator suffers from a legislative deficiency in this regard that needs to be corrected.