Revue Algérienne des Sciences Juridiques et Politiques
Volume 63, Numéro 3, Pages 228-248
2026-09-15
Khol’â Between The Wife's Will And The Husband's Consent Before And After Consummation In Algerian Judiciary And Islamic Jurisprudence: Practical Issues And A Critical Reading
Authors : Chihani Samir . Moukneche Narimene .
Abstract
The study addresses the issue of Khol’â, which the law has recognized as a means to dissolve the marital bond through the unilateral will of the wife, apart from the possibility granted to the woman to request divorce if its conditions are met. The study also examined the rulings related to cases of Khol’â before and after consummation in the Algerian judicial system and Islamic jurisprudence. The study concluded that the Algerian judiciary, regarding the right to request Khol’â, went through two stages: the first considered that the matter was contingent upon the husband's consent, while in the second stage it was made dependent solely on the wife's will. As for Khol’â before consummation, many substantive courts consider it unacceptable, arguing that it constitutes a violation of the law and Sharia! This is unacceptable because the reasons for rejection are not based on any legal text and contradict the provisions of Islamic jurisprudence, which permits its occurrence.
Keywords
Divorce by compensation "khol’â"; Consummation of marriage; Mutual consent of spouses; Termination of the marital bond.
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