The legitimacy of divorce and its impact on the stability of family life “a comparative study in the light of Islamic jurisprudence and the amended Algerian family law in some of its articles by law No. 05/02/2005, supported by judicial precedents”

Abstract

The couple constitutes the cornerstone of families and societies, yet sometimes conflicts arise between spouses leading to difficulties in coexistence, prompting them to resort to separation. Divorce is one of the mechanisms through which marital relationships are terminated by the wife, who compensates herself with a financial sum paid by the husband to rid himself of her. However, this requires regulation to avoid arbitrary use of the right, which is one of the objectives of Islamic law. The amended Family Law has also regulated the termination of these relationships in accordance with changes in societal norms, contemporary requirements, and international agreements. This topic has been addressed under the title: The legitimacy of divorce and its impact on the stability of family life “a comparative study in the light of Islamic jurisprudence and the amended Algerian family law in some of its articles by law No. 05/02/2005, supported by judicial precedents”.

This topic addressed the underlying reasons behind the spread of the divorce phenomenon in Algerian society, summarizing some of the results, including:

- An increase in the divorce rate among couples due to amendments introduced to the Family Law derived from texts such as the Convention on the Elimination of All Forms of Discrimination against Women in 1979, as well as outputs from population conferences and others.
- Recommendations: include the necessity to reconsider amending the Family Law due to the negative impacts resulting from the recent amendments concerning the family according to Decision No. 05/20 dated February 27, 2005.