حق التقاضي في الخلع للزوجة بين قانون الأسرة و الشريعة الإسلامية

الملخص EN

This paper entitled "The Wife's Right of Khula Litigation Between Family Code and Islamic Law» seeks to raise the issue of taking a divorce to court by the wife to dissolute the marital relation.

Khula which comes second after the opportunity to file a divorce by the wife is addressed by the Algerian legislator in the Article 84/11, amended and complemented in virtue of the ordinance 05/02 of February 27th, 2005 of the Family Code second section entitled "Marriage Dissolution".

We will, therefore, deal with Khula, its conceptual framework, its provisions inspired by the Islamic Law and those inspired by the Family Code.

We will, as well, demonstrate whether Khula is an inherent right of the wife or a mere licence granted under specific regulations.

Furthermore, a comparative study between the Articles 84/11 of the Family Code and its amendment in virtue of the ordinance 05/02 will be conducted.

The paper will, also, consider the jurisprudence of the courts in the subject matter under analysis.