الطلاق التعسفي في قنون الأسرة الجزائري

Abstract

Married life, due to what it basically carries of affection, mercy and tranquility between the spouses and the preservation of lineage, may know disturbances and strife between the spouses, due to the divorce that was legally and legally granted to the husband because of his guardianship. The basis of arbitrariness, and the Algerian legislator granted the judges of the matter the discretionary power to assess arbitrariness and compensation (Article 52 of A.F.C), leaving the discretionary power to them. The value of compensation is that the forms and amount of abuse differ, and the resulting damage differs according to the place, and the Algerian legislator did not take into account the husband’s financial ability to compensate, since Sharia is a material source of law, in accordance with the Almighty’s saying : (And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified - unless they forego the right or the one in whose hand is the marriage contract foregoes it. And to forego it is nearer to righteousness. And do not forget graciousness between you. Indeed Allāh, of whatever you do, is Seeing ) Surah Al-Baqarah- Verse ﴾732﴿