ضوابط الطلاق الرجعي في التشريع الجزائري والعمل القضائي

الملخص EN

The dissolution of the marital bond adversely affects the family unit, particularly the spouses or children, as the divorce per se is a form of dissolution that fall into just two: (i) a revocable divorce (Raj'î), which is the ground for divorce, and (ii) an irrevocable divorce (Bāʾin), which is the exception.

the present paper focused on the concept of Talaq Raj'î and the rules that make the divorce revocable and not minor or major irrevocable divorce (Talaq Ba’inbaynounasughr / or Kubra), such as consummation of marriage, absence of consideration and non-triple repudiation (Talaq Thalatha).

the effect of revocable divorce-such as bond, legal marriage (hil), and recourse-, the extent to which the pronouncement of revocable divorce is considered constitutive or declaratory, and the problems and contradictions raised about these issues in the provisions of the Algerian family law and what the judicial work carried out to date were revealed.

the most important criticisms were highlighted and the study results and recommendations were also presented within the limits of Islamic law (Sharia’a) as the main source of family law in Algeria.