سلطة القاضي في الحكم للمختلعة بالسكنى و النفقة و المتعة

الملخص EN

Since khula is considered a kind of separation between a husband and a wife, thus, it has implications like any other type of divorce.

As far as providing housing to the women who wanted khula until the end of herIddat, Islamic scholars didn't agree about it.

However Algerian legislators approved that any woman who has got divorced has the right of housing without any discrimination between a woman divorced by her husband or the woman who divorced her husband.

As far as the alimony during the period ofIddat is concerned, in one hand the Mlaiki and Shafimadhab considered that a woman who is not pregnant has no right for alimony.

In the other hand the Hambalisaw that she has the right for it.

The Algerian legislators has other perception, they saw that both a woman who was divorced and a women who ended her marriage by khula have the right for alimony.

Even the Kuwaiti and Jordanian legislators have the same perception with the Algerian one.

As regard, the Mut'a, the Maliki, Shafi, Hanbali, and Hanafimadhw that women who divorced her husband have no right for Mut'a.

The Algerian legislators don't differentiate between money of Mut'a' and financial compensation.

Sometimes they consider the Mut'a' a financial compensation.

And the other times they don't.

In the Algerian legislation article 52 from the family law, a woman who ended her marriage by khula has no right for Mut'a.

The Kuwaiti and jurdanian legislators agreed with the Algerian ones on this point.

Key Words: Khula – Judge- Housing-Mut'a