إثبات الطلاق بين القانون و القضاء

Abstract EN

According to the 48th article from the Algerian family law, divorce is every document signed by the husband by his freewill, or from the wife’s claim (sues for divorce and its applications).

Given this context, the article is considered valid and biding from the perspective of Islamic law.

However, in the case of a divorce claimed from the husband only is problematic.

There is a possibility where the judge can here play a damaging role as Algerian family law gives him/her (the judge) a margin of freedom too large and too decisive that can be corescive and unconstructive if abused and manipulated.

The article simply attends to this possibility from judicial point of view