Regulations of Arbitrary Divorce in Light of Islamic Jurisprudence and Algerian Family Law

This study aims to shed light on the regulations of arbitrary divorce, which can be defined as a divorce initiated by the husband without a legitimate religious or legal justification. Such an action can burden the wife, who may require compensation, especially in light of legal deficiencies and gaps. This is further complicated by the husband's refusal to pay the required compensation. The Algerian legislator has addressed compensation for arbitrary divorce in a single article, Article 52 of the Algerian Family Code. In this article, the legislator has left the determination of the compensation amount to the discretion of the judge, who has broad powers in this regard. To ensure adequate protection, the positive legislator has intervened through Article 222 of the Algerian Family Code, assigning the Family Court judge the responsibility of assessing the harm suffered by the wife. The judge is then authorized to issue a ruling that includes compensation for arbitrary divorce when a dispute arises between the spouses and the judge confirms that the divorce occurred without a legitimate cause.