Repudiation

Procedure in France

The ordinance n°59-274 of February 4th, 1959 relating to the marriage contracted by the people of local civil statute in Algeria, followed by a decree on enforcement of a law of September 17th, 1959 published with the J.O.R.F. of September 19th, 1959, specifies the modes of enforcement of the civil code marriage divorce in the “Departments of Algeria”.

The marriage can be dissolved (except in the event of death) returned only by decision of the courts by the Cadi or the Justice of the Peace. A judgment of divorce is obligatory. What amounts prohibiting the divorce by Talâq.

The acts noting the repudiations occurred before this date were to be transcribed on the registers of civil statue. The production of an extract of the transcription of the act of repudiation proves the dissolution of the Mariage.

Origin of the term

This term does not have an equivalent in the Moslem tradition , because the word Talâq , which wants to say separation between the two husbands, requires the presence of the two parts in front of the judge who orders this divorce after the families of the grooms very undertook in order to reconcile them. Talâq is thus regarded as an ultimate recourse and imposes that one of the two members of the couple calls upon serious arguments which can justify a separation. A divorce is often lived like a drama.

See also: Divorce#Islam, divorce by Talâq

Interpretation

Mahomet affirms on this subject that most hateful of the licit acts to the eyes of God is Talâq .

Yousouf Ibram, the Imam of the mosque of Geneva and one of the members of the European Council of the Fatwa and Research (CEFR), request which this repudiation can be made only in front of witnesses. Because he says, the step becomes already more complicated. The husband is henceforth obliged to give serious explanations. The witnesses, selected in the Muslim community, will put all their energy to reconcile the couple.

But composed of 33 members, the European Council of the Fatwa includes/understands a third of Sheik S not residing in Europe. Saoudi, Sudanese and Mauritanians go up at once to the crenel to condemn this “Innovation”.

Abdoullah Ibn Youssef Al-Joudai, the general secretary of the European Council of the Fatwa, representing the the United Kingdom, managed to make accept a fatwa, particularly liberal, which allows a woman converted with the Islam to remain married with her nonMoslem husband, whereas Islam prohibits it.

Tahar Madhi, representative of the France with the CEFR (this one counts six Britanniques, five French, three German) would wish to go still much further with regard to the calling into question of repudiation. It invites to institute an obligation preliminary to the divorce consisting in protecting the family and which requires the deposition in front of an legal authority and that the divorce can be validated only in front of one judge and of the witnesses after a recorded request.

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