الحماية القانونية لنفقة الطفل المحضون في بعض التشريعات المغاربية

Abstract

This research aims to study the effectiveness of the legal provision related to alimony in certain Maghreb legislation in extending adequate protection to the right of children under custody to receive financial support, and to identify the legal guarantees provided in this regard under both the civil and criminal aspects.

The research relies on a combination of several approaches, namely: the inductive, analytical, and comparative approaches. It begins with an examination and analysis of a set of legal texts and judicial applications related to the subject, in order to investigate the extent of their capacity to constitute a legal basis for protecting the right to alimony, which is considered one of the most important family claims. These texts are then compared with one another to identify points of convergence among Maghreb legislations, with particular emphasis on the shortcomings that characterize them.

The scientific value of the research lies in its focus on an issue connected to one of the most important and frequently raised types of family disputes before Maghreb courts, given the livelihood‑related nature of alimony and the importance of the category entitled to protection. This category represents the weakest party in family disputes, as the law is keen to ensure that children are not burdened with the consequences of conflicts arising between parents and others.

Moreover, studying this topic contributes to a closer understanding of the role entrusted to the Maghreb personal status laws, as well as to the Maghreb judicial authorities, in achieving real and effective protection for children by guaranteeing their most important material rights. This lends the research a practical dimension from which researchers in the field of family law may draw inspiration.