Evaluation of moral damage in judicial divorce in the text of article 53 of the Algerian Family Code and the intentional jurisprudence of Islamic legislation

Abstract

Estimating the moral harm as a legal justification for ruling in favor of the wife in divorce cases, in accordance with Algerian family law, is one of the significant issues currently facing the judiciary. This issue poses challenges due to its evolving nature and intricacies, thus necessitating a careful examination of the interplay between damages and interests, considering the anticipated ramifications when envisioning appropriate adaptations of judicial decisions and judgments. Consequently, it is imperative to align damages with interests within the Algerian context, which is characterized by emerging and evolving dynamics, while simultaneously achieving the legislative objectives and public interests of the state. Accordingly, rendering judgments based on a meticulous scientific balancing act, rooted in legal and Islamic principles, becomes essential. Such an approach abides by regulations governing the magnitude of harm, as per both legal and Sharia considerations, in order to uphold family stability and the greater public good, within the purview of the practical jurisprudence and essential tenets of Islamic legislation.