the virtual divorce A comparative study between Islamic jurisprudence and Algerian legislation

Abstract

Employing modern communication techniques in family cases is very necessary, especially in light of the dangerous epidemiological conditions - the Corona pandemic - which sometimes do not allow the parties to the conflict to appear before the competent judicial authorities, so it calls for special preventive measures, and in some cases it is necessary to resort to: "virtual divorce" when one or both spouses are unable to attend, and it should be set as an exceptional procedure; To prevent tampering with the sacred marital infallibility.                                                                                         

      And "virtual divorce" finds its support in Islamic jurisprudence, while Algerian legislation did not provide for this case; Except what is measured against what is stated in the jurisprudence on customary divorce between spouses, and there is no objection preventing the Algerian legislator from codifying in this regard; The fact that the judiciary looks to virtual courts, which gives flexibility for judicial work in exceptional circumstances.                                                    

     And when the husband pronounces his wife divorce through the means used in divorce in the virtual environment, it affects the waiting period, and then it must be counted as a religion, so as not to miss the rights related to it, such as return, alimony, housing, lineage, and the separation of disputes by jurisprudence.