دور قاضي شؤون الأسرة في الحد من الدعوى الصورية لحل الرابطة الزوجية

الملخص EN

Divorce in the Islamic and Arab societies prevailed in the phenomenon of divorce in front of the judicial authorities, but among the issues for divorce were not for the purpose of dissolving the marital bond in its true sense, but rather for the purpose of issuing a ruling requiring divorce, the purpose of which is to achieve interests so that granting concessions under the laws can only be achieved if There was a requirement for divorce between the spouses, which made people resort to file lawsuits in front of the judicial authorities to achieve the required condition, which is what was called a fictitious divorce.

And by looking at the fictitious of divorce through imagery through the researches around it, we find very few if not transferred, so the aim of the study was to shed light on the phenomenon through the legal and judicial side, and highlight the role of the judge in discovering the intention of the spouses to file a divorce lawsuit on the one hand and how to decide on it from On the other hand, while highlighting the seriousness of the formal divorce and its violation of the provisions of Islamic law, considering Islamic law as a religious and juristic reference in Algerian society, and a second original source of family law.