Khulʿ Between Juristic Foundations and Algerian Legislation

Abstract

Marital life between a man and a woman is founded on affection, mercy, and kind treatment. Marriage is a solemn covenant and occupies a sacred place in Islamic law. Islamic law nevertheless recognizes several ways to dissolve the marital bond when continuation of married life becomes impossible. The husband may pronounce unilateral ṭalāq because the power of repudiation rests with him. The spouses may also end the marriage by mutual consent. The wife may seek judicial divorce (taṭlīq) when harm caused by the husband is established. She may also seek khulʿ when she fears that she cannot observe the limits set by God in her marital relationship because she has developed an aversion to her husband. Article 54 of the Algerian Family Code regulates this form of dissolution.