تعارض أحاديث طلب المرأة الطلاق وموقف العلماء منها: دراسة أصولية فقهية: مقارنة بقانون الأسرة الجزائري

الملخص EN

In this research paper, we deal writhe one of the fundamental, jurisprudential and legal issues if really exists a contradiction between the prophet Mohamed (peace be upon him) s' hadiths and the opinion of the other Muslim scholars and the Algerian legislator about the right of the women when asking for the divorce.

after doing a study and researches, I found out that there is no contradiction between the prophet's hadiths in this issue (women asking for divorce).

in fact, the Muslims scholars compromise the prophet's hadiths between the ones in which the woman has no reasonable and legitimate reason for asking for the divorce.

and the other hadiths where the woman is obliged to ask for the divorce to get rid of pain or harm caused by the husband or in case when she can not accomplish her marital and family duties.

the latter was taken by the Algerian legislator to give the woman the right to ask for the divorce ten reasons.

among them giving the women the right to “Khulaa”.to carry out this study, I used the descriptive, analytical and seductive method in order to achieve the desired objectives, the most important of which is: highlighting the reality of the discrepancy between the hadiths relating to the request for divorce by women while highlighting the position of the Ulamaa on this issue.