Al-Khula in Algerian Family Law between Islamic Jurisprudence and International Agreements

Abstract

If a woman finds herself oppressed financially, morally, or both as a result of continuing the marital relationship, she may dissolve the marriage contract through khul’, where she redeems herself with financial compensation, this has been permitted by Islamic law, and the Algerian legislator has codified this according to legal articles, However, the latter changed the ruling on khul’ from an exception in Law 84/11 to an inherent right in the latest amendment of 2005, and the reason is Algeria’s signing of international agreements. Among the results obtained in this study are: Amending Article 54 of the Code of Criminal Procedure is a dark spot in this amendment, because it is contrary to Islamic law.

The legislator showed his adherence to Maliki jurisprudence at the beginning of the article, but then he violated it by the judge directly divorcing the woman without uttering the words used to dissolve the marital bond specific to khul’, the judge has become responding to the woman’s request for khul’ from the moment she requests it and without verifying the reasons motivating it, The legislator wanted to grant the wife the right to dissolve the marital bond by her sole will under the cover of khul’, and this is in response to the ratified international agreements.