الإشكالات الواردة على تقييد الطلاق بحكم قضائي أخذا بمبدأ المساواة ضمن قانون الأسرة الجزائري

Abstract EN

Divorce is considered an independent right of the husband, granted to him by god almighty, and he exercises it by his sole will for the purpose of ending the marriage, either immediately or eventually, whenever the reasons for it are established.

the consent of both parties is not a necessity, contrary to what the nature of contracts requires, whenever the husband initiates the divorce, his divorce is carried out and its effects are realised.

however, the restriction of the husband to the judicial system, in addition to the judicial separation, with the aim of subjecting him to legal restrictions, and the obligation to compensate the divorced person for having abused his right, taking into account the principle of equality between the sexes, has created a disorder in its rulings and disrupted its system.

this is the main reason for the ambiguity that appears in the legal formulation of the rules that regulate it, which has led to the emergence of many inquiries in its rulings between sharia and the law.