حقوق المختلعة بين الفقه الإسلامي و التشريع الجزائري

Abstract EN

The Issue of KHULA is one main way of untying the marital relation in the Algerian family law.

As such, it is similar to the husband's right to divorce in his will, as it gives the wife the right to judicially seek ending up this legal status.

However, does this equity of the legal positions in ending this marital relation definitely mean the similarity in the aftermath caused by divorce and Khula? and to what extent does this Khula request affect the financial right of the wife, especially disbursement related to the neglection, woman's waiting period, accommodation and incubation.

This article tries to tackle the judicial drudgery in the topic of the financial rights for the wife who seeks Khula and the degree to which the article 222 of the family legislation can be put aside and resorting to the Islamic legislation.