الخلع والطلاق الانفرادي مساواة وتقابل أم تفاوت وتباين: قراءة للقرار رقم 656259 المؤرخ في 15-09-2011

Abstract EN

This article deals with the two means of “Khula” and unilateral divorce between the concepts of equality and disparity.

after the Algerian legislator abolished the husband’s consent in “Khula” under law 05 / 02, the concept of “Khula” changed from consensual to unilateral disposal, which made some legal jurisprudence and the judiciary, especially in the decision in question, look at these two systems view opposition and equality, which is rejected by the privacy of each of them and denounced by Islamic Fiqh through this article, we will study the most important points of difference and similarity between Khula’, which is considered a means used by the wife to end the marriage, and unilateral divorce that the husband has within the framework of marital infallibility through an inductive reading of resolution no.

656259 issued by the supreme court.