سلطة القاضي في إجراء الصلح في دعوى الخلع : دراسة مقارنة

الملخص EN

repediation « Khula » is a set-off contract,that is why mutual consent is conditioned.Although discrepancy among Islamic jurists and experts to set the agreement of the husband with the repediation ,they agree on mutual consent as a condition in the exchange.Besides, the Algerian legislator requires the judge to repediate the wife of her husband just by asking for repediation ‘Khula’.This is according to the article 54 of the Algerian family code number 05-02.

The judge is bound by this article .In spite of the article 49 of the same code that restrict the judge to make and try conciliation which is considered by some judges vital measure ,others don’t.Morover conciliation in divorce differs from conciliation in repediation.Making conciliation in divorce limited by a period of time of three months and this is according to the waiting period of the woman,the period prescribed by Islamic law for a woman during which she may not remarry after being widowed or divorced.However the period of conciliation in repediation is determined by legislator by three months too,but this has no relation with the prescribed waiting period as the husband has not divorced his wife .Therfore the Algerian legislator should prolong the period of making conciliation in repediation.

Including in my research a comparison with some Arabic legislations