الخلع حسب قانون الأسرة الجزائري وأهم إشكالاته الإجرائية والموضوعيه

Abstract EN

The Algerian legislator adopted Khula’ as one of the ways to break the marital bond under article 54 of the family code.

this method is based on three foundations, it is at the request of the wife, and the husband’s consent is not required, it takes place with a consideration agreed upon by the two parties or determined by the judge in the event of their disagreement.

however, the Algerian legislator was silent about some of the fundamental issues related to the Khula’ in the family law, similar to some conditions of the suit, such as the capacity of the agent and the reason, as well as in his procedures, such as the extent to which it is possible to request Khula’ before consummation or not, and the extent to which his request is accepted as a precautionary measure.

he also left the controversy regarding other issues in the form of the allowance for Khula and its judicial assessment by linking it to the dowry of the same, or in the form of the consequences of ruling it.