الخلع القضائي في الفقه الإسلامي و التشريعين العراقي و الجزائري : دراسة مقارنة

Abstract EN

Most doctrinal trends and legal legislation go to counting khul 'a consensual contract between the spouses.

If the wife hates her husband and his hatred, she has no mukhala'ah except with his consent, and the husband has been intransigent and refrains from mukhallah, which in some cases leads to the injustice of the wife.

The aim of this study is to determine the extent of the judge's authority to interfere with the husband's khul 'if the wife so requests and the husband refrains from responding to it.

The husband on khul 'in the event of nence from mukhala'ah, including discussion of the sayings of the jurists and the evidence of a comparative doctrinal discussion, and up to the most likely of them, ending with the most important results: granted the judge the authority to intervene to answer the wife's request to take off.

The husband refrains from misconduct if the husband is deficient in his duties towards his wife or harmful to them as this study showed the position of legislators (Iraqi and Algerian), and The study ended with recommendations to bridge the gap in both Iraqi and Algerian Legislation.