أثر الاجتهاد القضائي على مبدأ الرضائية في التفريق بالخلع

Abstract EN

The interpretation of applicable law and determine the right solution for a particular case requires special attention by the judicial authorities, particularly as it is vested in achieving unification of jurisprudence, because It may issue differing judgments on issues concerning one matter.

This may be due to the ambiguity of the legal text, and this leads to different interpretations.

This will have an impact on the legal text because the jurisprudence ensures the continuity and stability of legislative rules and lead to a modification of legal texts and transfer them from judicial interpretation to the field of legislation.

Hence, we address the position of the Algerian jurisprudence on the issue of Khulaa without the consent of the husband, through the influence of jurisprudence on modifying a sensitive issue concerning the text of the Khulaa in family law.