وقوع الطلاق و ثبوته في الفقه الإسلامي و قانون الأسرة الجزائري

Abstract EN

Jurists differed in interpreting the meaning of the assertion contained in the text of Article 49 of the Family Code, Some of them said that the meaning of this is divorce, And that the judicial ruling issued is the origin of it, An interpretation contrary to the provisions of Islamic law, Unlike a judicial divorce that is at the request of the wife for reasons established by Islamic law and law, Also, the linguistic meaning of the occurrence and the assertion is completely different, In addition to the significance of the legal texts, and the provisions of Islamic Sharia concerning the entry into period of emptiness and her termination Divorce is imposed by the will of the husband and confirm him by judicial.