تعارض الأحكام الإجرائية والموضوعية لآثار الطلاق على ضوء القانون 08-09 المعدل والمتمم

Abstract EN

Family disputes focus on substantive issues of particular nature, because they relate to family relationships which are completely different from the other legal relationships, and what further reinforces that particularity is that the provisions of those matters are drawn from Islamic law, based on different objectives and concepts, some of the most important issues are often presented after divorce, such as the waiting period (Iddah),alimony and custody.

procedural texts-whether contained in the family code or the proceedings code-demonstrate that the legislator treats those matters as the rest of the cases in other areas of law, that explains the incompatibility between the procedures and the cases on which they are focused, making them not achieving their objectives and not giving effect to their essence.