تعسف الزوج في الطلاق و أثره في القانون الجزائري و الشريعة الإسلامية

الملخص EN

God almighty has legalized divorce as a means to dissolve the connubial bond when the couple is incapable to resolve conflict, or impartial people cannot settle it by yarious constitutional and juridical methods.

The divorce occurs according to the will of the wife under the cases stipulated in Article 53 of the Family Law or with the spousal s approval or with the husband s will to obtain a divorce.

Concerning the third case this “will” is restricted to legal justification.

Such justification is going to eliminate the “Arbitrary Divorce”.

Thereby it will be acting as a protection against financial penalty that the judge will order as an outcome of this divorce due to the harm caused to the wife.