رزاق ادبی فیروزجایی

custody and guardianship of child amongst sensitive and important issues that is considered in Family Institution regionthat doing it in certain section of The age of the child, the mother Is responsible. It is clear that curated and upbringing of the child, demands effort andabundance inconvenience and hence an important question that respond to it required is that, is the mother for Maintenance and guardianship of child, the competency of the receive wage for it? permissibility or nonexistence of permission of taking wages for guardianship is one of the origins of the Jurisprudential disagreement. so that, many of special jurisprudents and the public by providing several evidences and with emphasis on the custodianship obligatory and the nature of its command, and lack of license of taking wages for obligatory acts, has ruled into the lack of license of taking wages for guardianship and in contrast, some of them have been believed a license wages on guardianship.the authors in this research, with descriptive-analytic method, meanwhile, explore Promise to to permissibility and the lack of permissibility, through the the prove of the customary truth to the notion of guardianship and also based on the presumption of innocence in Neccessity judgment doubts of and the other evidence and confirms has proven righting of guardianship into child mother and with emphasis on not opposed between the necessity of an action and receive wages for it, this such a results that receiving wages for guardianship is permissible.even in the premise of its necessity. moreover Since other evidence of the believers in the permissibility accomplisher to the purpose and was not enough to prove his claims and the other hand despite the benefit in guardianship and respect of the inalienable act and with the absence of an obstacle, principle due permissibility of the obtaining of wages is based on guardianship.

The holy legislator, and following it the lawgiver of the civil law of Iran, in the 1106th article, binds the husband to provide the costs of living (Nafaqah or Alimony) of his wife. Lawgiver in 1108th article stipulates that this binding is instead of wife’s commitment to do her marital duties and specifically total submit to the husband. From the other side, today, the employment of wife has become a prevalent issue in different societies to the extent that a considerable portion of women either their employment have precedent for marriage or they reserve “employment right” for themselves as a clause in their marriage contract or with later obtainment of (husband’s) approval. This research turns around the question that “Does wife’s employment -with approval of husband- lead to the forcible drop of the whole or a part of the alimony? Does the condition of dropping the whole or a part of the alimony with the husband’s approval instead of wife’s employment, have the capability of containing in the marriage contract? This paper, in order to answer above questions, studies and criticizes the views and proofs of jurists by virtue of common analysis of “total submit” and independence of alimony from submit and also the rightfulness of alimony; and has concluded that wife’s occupation would not result in forcible drop of alimony, but containing the condition of drop of the alimony drop in the contents of marriage contract is possible.