رضا الزوج في الخلع بين غموض النص القانوني وعدم استقرار الاجتهاد القضائي

Abstract

"Khul' is considered one of the ways to dissolve a marital bond. Controversy has arisen over whether the husband's consent is an essential condition for filing a khul' lawsuit, especially in light of the ambiguity of Article 54 of the Algerian Family Code and the conflicting judicial interpretations surrounding it. This article does not explicitly specify whether the husband's consent is necessary, which has led to discrepant judicial rulings. Some bodies consider khul' a consensual contract requiring the husband's acceptance, while other bodies have permitted a khul' ruling without his consent if it is proven impossible to continue the marital relationship.

This ambiguity in the text has also resulted in an imbalance in the stability of judicial rulings, undermined the principle of legal security, and created difficulties for the wife in exercising her right to terminate the marital relationship. The memorandum concluded that the legal text should be amended and judicial interpretation unified to achieve balance and clarity.

Keywords: Khulu', husband's consent, judicial interpretation, marital bond."