Marriage is considered the most important and sacred relationship on earth between men and women, it is that legal and legal bond that both of them solve for each other, through which the human offspring continue to increase and grow, but sometimes this relationship strikes a kind of vibration which forces its owners to repair it in order to continue or solve it through one of the legal and legal methods stipulated in Islamic law and in positive law. This is either through divorce by the husband, or divorce at the request of the wife through the judicial ruling in the event of the availability of one of his cases stipulated in article 53 of the Algerian Family Code, and in exceptional cases through the removal of the wife.
But in the last period and since the amendment of the family law in 2005, the exception has already become the opposite, where after easing the conditions of dislocation in article 53 bis, we have noticed a terrible and frightening increase in cases of dislocation at the national level, which is increasing significantly, as it reached 2018 based on statistics issued by the Ministry of Solidarity 13 thousand cases of dislocation, equivalent to 19% of the total number of divorces in Algeria With 65,637 cases, statistics from the Algerian League for the Defence of Human Rights ( ADR) - a non-governmental organization - in 2018, there were more than 68,000 divorces, an increase of 3,000 from 2017 compared to previous years, with Algeria ranked 8th in the Arab world and 73 internationally in this area.
Therefore, through these terrible and frightening figures for the dissolution of the marital bond from the methods of divorce or khula, we ask the following question: Is the resort of a wife to khula is the use of her right to dissolve the marital bond after attempts to reform it or arbitrarily use this right without attempts to reform the marital relationship or is it an imperative for the wife to resort to to break up the marriage association?