The Nature of Alimony: An Analysis Using the Approach of the Present Laws of Irn and Those of Some Other Countries

To create a conflict-free, healthy relationship between spouses, it is necessary to understand the spouses’ responsibility and their statuses in that relationship. In the Islamic legal system, man and woman are not equal in the financial rights. Man is incumbent on paying the Mahr (the marriage portion) and all the life’s expenses. But in the other legal systems this is not the case. For example in the Western law, financial responsibilities are divided equally between the man and woman. The present article deals with: the unilateralist philosophy of such right in Emmiyé’s rights, its characteristics and limits, the religious and legal guarantees of such obligation, and the question that on what verdicts of the law such commitment is based? This article thus examines the limits of paying alimony, unilateral payment of the alimony by the husband, and executive, canonical, and legal warranty of this obligation. It is thought that the scientific explanation and argumentation of the issue can help resolve many of the challenges by which the family legal system is faced.