رضائية الزوج في الخلع : دراسة مقارنة بين الفقه الإسلامي و الاجتهادات القضائية الجزائرية

الملخص EN

: As aresult of amending certain personal status laws in some islamic countires new cases came up.

Contemporary Islamic scholars have examined such cases is the mukhala'ah ( divorcein in return for a compenssation to be paid by the wife to her husbend) that the wife requests.

despite her husband's dissatisfaction Prevvious scholars have pointed that mukhla'ah should be based upon the satisfaction of both the husband and the wife.

Scholre have also pointed out that this ter mis supported out that this term is suported by the Islamic ligistative texts sound discretion besed on the essence of.

Mukhala'al and observing its gols and consequences However, the principle of satisfaction in the Algerian family law passed through stages that we concluded by extrapolating the decisions of the Supreme Court.

In the first stage, the husband's consent in khula was a prerequisite for its occurrence, then the Supreme Court's decisions conflicted between considering it a condition or not until the dispute was resolved by the Algerian family law by amending it to Article 54 of by.

the order.

02/05 and the khula became without the husband's consent