تقييد الطلاق بحكم القضاء دراسة تأصيلية للمادة 49 من قانون الأسرة الجزائري على ضوء الفقه الإسلامي

Abstract EN

The majority of scholars are for the opinion that says there is no requirement for a certificate of divorce.

While others believe that a divorce such as marriage requires a certificate for it.

And a contract may not be cancelled except by a contract like it or closer to it.

And after reviewing the arguments of both parties to certify divorce and documenting it through juridical decision, and the arguments of those who don't require a certification, it turns it that this is a permissible dispute.

And it is permissible to the ruler to take a view among the different opinions regarding the interest of the nation and in relation to the law of the Chareah