الطبيعة القانونية لأحكام فك الرابطة الزوجية و الإشكالات التي تثيرها

الملخص EN

The judgements aiming to the dissolution of the conjugal bond, in particular divorce, divorce at the request of the wife, divorce in return of payment “khol'a” or divorce following oath of condemnation give rise to several legal problems which concern in the first instance the problem of the legal nature of these judgements between its effect constituted or revealing the fact of declaring the divorce as well as the effects resulting from these judgements such as the extent of the obligation of conciliation and the beginning of effect of the legal retirement with backdated effect as well as the role of the judge in the conciliation procedure.

From this study, a series of conclusions were observed, in particular the creation of a procedural text which will be used to enable the wife who has divorced to deposit a sum of money to pay it to the registry in the event of the husband's refusal to collect this sum, the need to provide for legal retirement with backdated effect, and to organize its effects, particularly the taking back of the wife by considering a single divorce which will be transcribed in the civil status registers, also the need to provide for the right of the repudiated wife to remain in the marital home during the period of legal retirement as a procedure and its contradiction with the provisions of Islamic law “Chari'a”, this being related to a divorce pronounced three times in succession and finally the fate of a court judgment in case of failure to conciliate as a legal procedure.