الخلع في الشريعة ا لسلامية و في قانون الاسرة الجزائري

Abstract

Khula 'is one of the most prominent phenomena of social life, and the most dangerous to the stability and continuity of the family and society, so it has attracted the attention of Islamic law through the treatment of this phenomenon, in order to reduce them. The Algerian legislature regulated the rulings of khula 'in the family law on the basis of equality, since it gave the husband the right to divorce by his own will. He also gave the wife the right to disobey her husband without his consent in return for money that he deviated from. However, in comparison to the provisions of Islamic law, despite the degree of social danger, so as to allocate only one article of the Family Code, Article 54 thereof. Moreover, the legislator did not regard the khul 'by definition or conditions and not even the consequences thereof, but rather left this to the principles of Islamic law in accordance with the provisions Article 222 of the Family Code. Keywords : Khula ', Islamic law, Algerian family law.