إشكالات الطلاق في التشريع الجزائري بين النصوص الموضوعية و القواعد الإجرائية و أحكام الشريعة الإسلامية

Abstract EN

Divorce is one of the reasons for the dissolution of the marriage bond, and the will of the two parties entered into its termination, and it does not matter if it was resolved by the will of the husband alone, or by the agreement of the two parties or at the request of the wife, which is included in the provisions of article 48 of the family code, and the Algerian legislator has distinguished in the civil and administrative procedures law, between divorce by mutual consent, whose procedures differ even from the procedures related to ordinary lawsuits, and between divorce that is filed at the request of one of the spouses.

the husband’s party, and the case filed by the wife, despite the fact that the divorce suit is filed according to the family law.

in all cases, the judge retains his positive role in divorce cases, whether by mutual consent or at the request of the spouses as he is legally authorized in the context of the reconciliation attempt and interference in their will to cancel and amend according.