Khol’à between Islamic Sharia and Algerian family law

Abstract

Marriage is based on good cohabitation, tranquility, affection ,and each spouse carries out hisduties to wards the other, but in some cases there may be dishar mony between the spouses, and if the hate is on the part of the man ,then he can divorce, soit is a right of the husband that he uses with in the limits of Islamic law and the law.And if the hate is on the part of the wife, this does not mean that she cannot break the marriage by her own will, so she applies for divorce or khol’à, khol’àis one of the right sof the wife ,she can ask for it within the limits of what God has prescribed, provided that she divorces herself by waiving all her legitimate financial rights. The issue of Khol’à,is consideredas a form of separation between spouses, and this is what the Algerian legislator has confirmed in Article 54 of the Algerian Family law.

Keywords

• khol’à
• legitimacy
• pillars
• conditions.