Main Article Content



The primary objective of the regulated provisions for proving filiation in family law, is to preserve it by adopting several methods to establish legitimate paternity. However, the search for this truth remains relative, as the legislator has preserved a role for will in proving filiation through the means of recognition of parentagein and the testimony of witnesses, which are based on honesty and truthfulness. Recognition of parentagein is considered one of the most important methods of proving filiation, although its application may raise various practical issues. These issues revolve around the conditions for its acceptance and reliance in proving filiation, especially if the legal marriage is absent in the person who acknowledges paternity or maternity. This article examines the conditions for proving filiation through recognition of parentagein and the effect of the lack of marriage on proving paternity through recognition, in the light of jurisprudence and judicial reasoning of the Supreme Court.

Article Details

Author Biography


University of 8 May 1945 Guelma- Alegria12

Environmental legal studies laboratory12



- IbinManzur Muhammad bin Bakr, Lisan al-Arab, vol. 5, Beirut edition, 1956.

- Ahmed bin Muhammad bin Ali Al-Fayoumi, Al-Misbah Al-Munir fi Qarib Al-Sharh Al-Kabir, vol. 2, Al-Bayan Library Press, Beirut.

Legal Texts:

- Law No. 84-11 dated 9 Ramadan 1404, corresponding to June 9, 1984, includes the Family Law. (Official Gazette No. 24 of the year 1984) ; Amended and supplemented by: Order No. 05-02 dated February 27, 2005.

books on Islamic jurisprudence :

- IbnAbidin Muhammad Amin, "Radd al-Muhtar 'ala al-Durr al-Mukhtar," (Vol. 2, Vol. 8), Dar Alam al-Kutub, Riyadh, 2003.

- Al-Kasani, "Bada'i al-Sana'i," Vol. 7, Dar al-Kutub al-Ilmiyya, Beirut, Lebanon, 1986.

- Al-Buhuti, "Kashaf al-Qina' 'anMatn al-Iqna'," Vol. 6, Dar Alam al-Kutub, Beirut, Lebanon, 1983.

- IbnQudamah, "Al-Mughni," Vol. 5, Maktaba al-Qahira, Egypt, 1968.

- IbnRushd, "Bidayat al-Mujtahid," Vol. 4, MaktabaIbnTaymiyyah, Cairo, 1415 AH.

- IbnQayyim al-Jawziyya, "Zad al-Ma'ad," Vol. 5, Muassasat al-Risalah, Beirut, Lebanon, 1998.

- Al-Suyuti, "Al-Jami' al-Saghir," Vol. 2, Dar al-Fikr, Beirut, 1994.

- Al-Sarkhasi Shams al-Din, "Al-Mabsut," Vol. 16, Dar al-Ma'arif, Beirut, Lebanon, 1989.

- Al-San'aniAbd al-Razzaq, "MusannafAbd al-Razzaq," Vol. 10, Al-Maktab al-Islami, 2nd edition, 1403 AH.

- Al-Haithami, "Majma' al-Zawa'id," Vol. 4, Dar al-Ma'mun li al-Turath, Damascus, 2009.

- Muhammad bin Mahmud al-Babarti, "Al-Huda wal 'InayahwaTakmilah al-Fath," Vol. 2, printed in the margins of "Fath al-Qadir," Dar Ihya al-Turath al-Arabi, Beirut, n.d.

- Ahmad al-Dardir, "Al-Sharh al-Saghir," Vol. 3, Dar al-Asr li al-Manshurat al-Islamiyya, Algiers, 1992.

- Al-Kharashi Muhammad bin Abdullah, "Hashiyat al-Kharashi 'alaMukhtasarSidi Khalil," Vol. 5, Dar al-Kutub al-Ilmiyya, Beirut, Lebanon, n.d.

Legal Books:

- Al-Sanhuri, Al-Wasit, Vol. 2, Published by the Judges Club, Egypt, 1983.

- Badi'sDhiabi, The Validity of Legal and Scientific Methods in Paternity Lawsuits in Light of Family Law, Dar Al-Huda, Algeria, 2010.

- AnasHasan Muhammad Naji, Genetic Fingerprinting and Its Legitimacy in Proving and Disproving Paternity in Light of Islamic Jurisprudence and Positive Law, Dar Al-Jadida, Egypt, 2010.

- Ahmed Ali Jardat, Al-Wasit in Explaining the New Personal Status Law, Dar Al-Thaqafa for Publishing and Distribution, Jordan, 1945.

- Muhammad Abu Zahra, Personal Status, Dar Al-Fikr Al-Arabi, Egypt, 1957.

- Abdul Aziz Saad, Algerian Family Law in Its New Form, 2nd Edition, Dar Huma, Algeria, 2009.

- Ben Shweikh Al-Rashid, Explanation of Algerian Family Law, Dar Al-Khaldooniya for Publishing and Distribution, Algeria, 2008.


- TrikiDalila, Proof of Paternity by Acknowledgment in Algerian Family Law, The Academic Journal of Legal Research, University of Bejaia, Volume 11, Number 1, 2015.

- Idris Al-Fakhir, Denial and Proof of Paternity through Medical Tests, a Legislative, Judicial, and Jurisprudential Approach, Journal of the Defense Message, Number 3, Morocco, 2002.

- Nadia Sharoud, Acknowledgment of Paternity and Its Relation to Civil Status Law and Some Means of Proving Paternity, Al-Munadhara Journal, Number 14, 2010.

Journal of the Algerian Supreme Court

- Judicial Journal, Issue 3, 1994.

- Judicial Journal, Issue 1, 1999.

- Supreme Court Journal, Issue 1, 2006.

- Supreme Court Journal, Issue 2, 2013.

- Supreme Court Journal, Issue 1, 2015.

- Supreme Court Journal, Issue 1, 2019.