قراءة شرعية قانونية اجتماعية في نص الدادة 54 من قانون الأسرة الجزائري وتطبيقاتها القضائية

Abstract EN

The Algerian family legislature, through its provisions, has sought to keep pace with social developments in harmony between women and men and the roles assigned to them.

for this reason, i have made some of the amendments that have affected some of the most important provisions of the family code, including article 54, which provides that a marriage may be dissolved by the individual will of the wife through the mechanism of removal; given the wife the right to engage herself with her husband without regard to her consent; even provided that she may interfere without his express consent.

however, prior to the amendment, the previous text provides that, with the consent of the husband of the incriminating person, the removal must be the subject of research and study.

nor has it specified the objective grounds upon which the family judge can rely as criteria for convincing him to rule on debate; the amendment has resulted in high rates of family disintegration, whether through divorce, divorce or exclusion؛however, in view of the aggravation of the negative consequences of Khula and the lack of accurate awareness of women about the legal reasons that permit it, as well as the lack of rationality in performing it, with the resulting dispersion of the family and children in particular, it is possible to try to treat the situation, and one of the ways to treat it is to make women aware of its seriousness if there are no real reasons for it.