نوع مقاله : مقاله پژوهشی
نویسنده
عضو هیأت علمی گروه فقه و حقوق اجتماعیِ پژوهشگاه حوزه و دانشگاه
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
There is considerable disagreement regarding the wife's entitlement to maintenance when the marriage contract has been concluded but the wedding ceremony has not yet taken place, and she resides in her father's home or her own home. This issue rests on a different premise: namely, whether the marriage contract alone gives rise to the wife's right to maintenance—meaning she becomes entitled to it immediately upon the contract, unless a breach of marital duties on her part is proven—or whether entitlement to maintenance is conditional not only on the marriage contract but also on the actual performance of marital duties toward the husband. Based on the second view, a wife is not entitled to maintenance until she has fulfilled her marital obligations toward her husband. Jurisprudential perspectives on this issue stem from two sources: the Quran and the conduct of the Prophet of Islam regarding several of the marriages he contracted. Since the Quran and the Prophet's conduct serve as the two sources for deriving legal rulings across all Islamic systems, the legal frameworks of Islamic countries share a common body of literature and approach regarding this matter. Each Islamic country's legal system has adopted a specific perspective based on its official school of jurisprudence.
کلیدواژهها [English]
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