Studying the Effects of Abandoning the Wife's Alimony in Religious Jurisprudence, Civil Law, and Iranian Judicial Practice

Document Type : Original Article

Authors

1 PhD student at Qom University

2 Faculty member of Qom University

Abstract

According to Islamic jurisprudence and Iranian law, the husband is responsible for the expenses of the wife. However, in cases where the husband refuses or is unable to pay her alimony, Islamic jurisprudence and Iranian law have devised measures to protect the wife, which she can use to get rid of the difficulties that arise. Among these measures are the right of the wife to demand from her husband, to borrow money from her husband, to collect from his property, and also, as the case may be, to request termination and divorce. In the following article, we will examine each of these rights with a descriptive and analytical approach and look at the judicial practice and opinions of the courts of justice. The most important right and effect that is considered for a woman in these circumstances is the right to demand separation, which according to the famous opinion of Imamiyyah jurists and Iranian civil law, this possibility exists for a woman in the form of judicial divorce. However, in the author's opinion, the woman's livelihood and economic situation must be considered and taken into account. Considering the exclusive right of divorce to the husband, it is not possible to absolutely recognize the right to divorce for a woman. Rather, if she is in a difficult situation due to the abandonment of the alms, such a right can be recognized. Therefore, it is necessary to amend Articles 1129 and 1130 of the Civil Code.

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