The Position of The Regular Payment at The Time of Divorce in The Iranian Legal System

According to article 11 of the Family Protection Law (passed on 15.11.1353), the Iranian legal system for the first time approved a new legal scheme called Regular (Monthly) Maintenance Payments in case of divorce. Since its approval, the scheme has given rise to extensive debate, both theoretical and applied, among members of the county’s legal community, who presented a variety of viewpoints.As some financial bodies rightly predicted, the legal position of this scheme, in the light of subsequently approved rulings was fraught with ambiguity.Since its inception, the scheme was met with considerable doubts on the part of judges, who did not welcome its approval. The present article examines the nature of the above mentioned scheme (Regular (Monthly) Maintenance Payments) and clarifies the rationale behind its approval. It then proceeds to a critical analysis of the Iranian legal system as a whole and, following a review of the legal systems of other countries, it highlights the necessity of such a scheme and its importance within the Iranian legal system.