إيقاع الخلع بين الضوابط الفقهية و الاجتهاد القضائي

الملخص EN

This study deals with the controls of the rhythm of khul 'between Islamic jurisprudence and jurisprudence.

The Algerian legislator did not specify through the provisions of Article 54 of the Family Law the legal nature of the divorce.

This led to conflicts of jurisprudence, so Ijtihad considered that khul' is a consensual contract.

, And other jurisprudence does not require the husband's consent to the rhythm of khul ', which is adopted by the legislator under Order 05-02.

In addition, the legislator gave the court the authority to estimate the allowance for khul 'if it is not agreed by the spouses.