تأصيل حق الخلع للزوجة و تعويض الزوج عن الضرر الناجم عنه

Abstract EN

The legislator established the right of Khul'a for the wife according to the recent amendment to the Algerian family law according to the Order 02/05 and made it a corresponding picture of divorce by the sole will of the husband.

After being considered as a consensual contract and agreement between the spouses, it became fairer by canceling the husband's approval and consent when adding the phrase “without the husband's consent” Article 54.

He thus gave the wife olute freedom to ask for a Khul'a without justifying herself in court, and this may be the reason for the wife's arbitrariness in asking for Khul'a, which may result in damage to the husband limiting his compensation to an allowance that does not amount to the rank of compensation, especially when the spouses do not agree on it.

The judge rules on the value of dower of the like at the time the judgment is issued, and this is an injustice to the husband, especially that the legislator restricts the judge's authority to estimate that allowance.