مدى سلطة القاضي في الخلع الرضائي و القضائي

Abstract EN

Islamic law has made divorce in the hands of man to solve the marital ties if life becomes difficult between them، and he was affected badly by the continuation of this marriage، in contrast، Khul (abdicative divorce) (conditioned divorce) was initiated if the wife was harmed، this paper was conducted to discuss the extent of the judge's authority in Khul in both its legal and judicial; aspects of reviewing the following issues: First: Khul definition "language and terminology"، its jurisprudence description، with a statement of the difference between annulment and divorce، then exposure to wisdom of Khul legitimacy.

Second: demonstration of Legal Khul concept and its validity without the judge's ruling، and the extent to which the ruling of the judge is imposed upon the couple after pleading with him.

Third: demonstration of judicial Khul concept and the extent of the judge's power to enforce it without reference to the husband.