جستجوی مقالات مرتبط با کلیدواژه « نفقه » در نشریات گروه « علوم قرآن و حدیث »

A wife's refusal to pay her husband's rights in the matter of enjoyment, which has juridical and legal effects. A comparative study of the laws of Egypt and Iran regarding divorce shows some differences in the conditions of divorce and its effects. This article examines this issue with descriptive-analytical method and library research. Iranian jurists have divided obedience into two categories, general and special, and they consider divorce as not complying with these two obediences. Although Egyptian jurists have not used the term subjugation and its divisions, but the examination of the examples mentioned for Neshuz shows that there is no difference between the examples of Neshuz and Iranian law. What has caused the difference is the conditions for the realization of Nashush and also the consequences of Nashush. The Islamic reasons for leaving the house without the husband's permission are less in Egyptian law than in Iranian law, so the possibility of the wife being considered unmarried in Egyptian law is higher, on the other hand, the consequences of unmarried in Iranian law are greater than in Egyptian law, and this makes it a deterrent to Neshouz is more in Iran than in Egypt.

The Qur’an is an eternal, trans-temporal and trans-spatial miracle, and all its commands have expediency and wisdom in proportion to the practitioner. One of the duties of the Qur’an in the field of family is the issue of alimony for the wife by the husband. Since in the current society, women have equal or superior economic and social status, sometimes the compliance or non-compliance of this task causes problems between couples. The purpose of this research is to answer these questions by using the descriptive-analytical research method and the library-document collection tool, which are the Shari’a foundations of alimony payment in formal marriage? Can the payment of alimony be a function of the economic conditions of the couple? The findings of the research indicate that the concept of alimony has a direct implication on its philosophy, which is to fulfill the needs of women through men. And the main Quranic basis also shows the economic need of the woman due to the lack of employment and earning, and at the same time, it proves the rationality of the duty. It is also confirmed based on the validity of the philosophy of need. From the point of view of jurisprudence, alimony is more compatible with the principles of “need” and “maintenance compensation”. Reasons such as the non-religiousness of the alimony order, the non-compensation of alimony, the theory of the correctness of the condition of no alimony, the right of alimony, the customary focus and the requirements of the society and the policies of the country prove that the duty of alimony is based on the needs of the woman that if the woman is in need, there is a definite obligation, but in the case of no need and having income, the ruling can be determined based on philosophy, and in the case of returning to need again, the ruling of obligation is established.

Enforcement of criminal law in family law is one of the most important and controversial issues that has always been the subject of discussion. In this article, an attempt has been made to study the jurisprudence and guarantee the criminal execution of dowry, alimony and custody. The present article is an analytical descriptive study of the subject using the library method. The results of the article indicate that dowry, alimony and custody from the jurisprudential point of view contain instructions to protect the rights of couples and children. Criminal law also provides for a criminal guarantee for non-payment of alimony and dowry, as well as non-acceptance of custody. The Family Protection Law adopted in 2012 has intensified its punishment in cases such as the criminal execution of leaving alms. The penal provisions of the law in some cases, such as non-registration of marriage in terms of rules and principles of legislation such as necessity, comprehensiveness, face serious gaps and ambiguities. Regarding the dowry, of course, admirable efforts have been made to adjust and balance the dowry.

The existence of morally delicate points in the verses of the Quran is indicative of the importance of obligation to moral virtues to God. In a passing look, the verses of the revealed prescripts may seem to be purely legal and punitive. However, their closer examination shows that they fully match moral standards. Among the most prominent examples of the ethical orientations of the holy Quran are the verses related to the difficult and unfavorable conditions of relationships between individuals such as jihad, retaliation and divorce. In this article, we seek to examine where fiqh and ethics meet in the prescripts and divorce verses. The subject of divorce has been mentioned in numerous verses in al-Baqarah, al-Talaq, al-Nisa, al-Ahzab. God has emphasized adherence to moral standards in all the interactions of couples. In today's society, the marital life style and separation style of people do not conform to Shari'ah laws. Careful observance of the Islamic prescripts and delicate ethical considerations related to the subject of divorce can greatly reconcile and reunite couples. It needs to be noted that none of the current translations, commentaries and laws have fully taken these delicate ethical considerations into account. This article deals with the prominent ethical points of the revealed divorce prescripts related to eddeh, giving back nafaqah (alimony), giving gifts, paying for breastfeeding, etc.

The drafting of the Convention on the Elimination of All Forms of Discrimination against Women is one of the results of Western studies on the issue of women. The main tool of the drafters of the Convention is the elimination of discrimination in order to eradicate the existing traditional gender stereotypes and to deny the differences between men and women and thus to create equal rights. In this case, the provisions of this convention are not in full compliance with Islamic law, and this has caused challenges in various social, legal and cultural fields. The purpose of this study is to compare the rights arising from the articles of the Convention and Islamic law, in order to provide an appropriate response to address the challenges in this field. Based on descriptive analytical studies, it was concluded that in addition to the common human and male commonalities, the two are inherently and evolutionarily different from each other, so it is natural from a social point of view and in the field. The regulation of legal rules should not be expected to be similar to them. In many of its rules and laws, Islamic law complies with the provisions of the Convention. The right to life, the right to liberty, human dignity, the right to employment and political rights such as the right to participate in elections, social rights, the right to education and health are some of the issues that have long been considered in Islam. But in some cases, men and women have different rights and rules based on the characteristics of creation and the responsibilities based on it. Therefore, equality in the Convention on the Elimination of All Forms of Discrimination against Women, contrary to Islamic law, is not based on justice and nature, and this is a form of discrimination.

One of the legal issues in the Islamic family system is alimony. Alimony is a type of financial responsibility that is imposed on individuals under their own circumstances, even if the woman is financially able. The obligation of alimony on a man has various causes and reasons, which in a general view are: marriage, kinship and slavery. Perhaps it is more important to address the first reason that has become the focus of discussion and challenge today. Hint: One of the legal issues in the Islamic family system is alimony. Alimony is a type of financial responsibility that is imposed on individuals under their own circumstances, even if the woman is financially able. The obligation of alimony on a man has various causes and reasons, which in a general view are: marriage, kinship and slavery. It may be more important to address the first reason that has become the focus of discussion and challenge today; What, today a woman spends long hours working and trying outside the home, as if she has forgotten her mission of humanization and civilization and deprived generations of love and compassion and the family atmosphere of compassion and encouragement Is empty. The present article analyzes the alimony of women and the reason and reason for its necessity with emphasis on Islamic jurisprudence and the civil law of the Islamic Republic of Iran.

Husbands and wives have different rights and obligations to each other through the marriage contract. In Islamic and Iranian law, the principle of financial independence of the couple is the basis of the couple's financial relationship and each spouse has complete independence in acquiring and seizing their property. But in the law of Western countries, including France, in the regime of joint ownership, the man as the head of the joint office manages the joint property of the couple, and in the regime of absolute separation of property, according to the legal presumption, has the right to seize the property of the wife. Reject it. On the other hand, providing for the family in Islamic law is a unilateral obligation and the woman has no obligation in this regard, but in French law it is a mutual obligation and the woman is obliged to provide it. The husband's dominion over the family, given the necessity of having a manager and guardian in every organization and society, is an administrative presidency, not authoritarian, and the wife is never obliged to obey the man in his personal affairs. The main purpose of this article is to make a comparative study between Islamic law and French law and to explain the salience of Islamic law in this field. One of the issues that has been described as discrimination between men and women is the legal relationship between husband and wife. Some have stated that many jurisprudential laws discriminate between men and women. And Iran needs to join the International Convention on the Rights of Women, which calls for full equality between men and women. (1) To clarify the different angles of this discussion, we will discuss the relationship between husband and wife in their financial and non-financial issues (the issue of the husband's headship in the family) in two speeches.

One of the most important periods in the history of Shiite school of Islamic jurisprudence is the end of "narrative jurisprudence" and the beginning of "inferential jurisprudence", which has greatly influenced the whole of Shia Fiqh. With the inception of novel inferences, new subdivisions added to the Islamic jurisprudence, which brought innovative principles. Although the origin of some of these new frameworks can be analyzed historically, but an important part of the effects and consequences of this period has remained subtle to this day. One of the consequences of the lack of a thorough analysis of the conditions of this new era is the inability to discover the factors behind the emergence of these subdivisions and the absence of a comprehensive system for their analysis. Of the most important examples of this phenomenon is a situation in which a variable has been added to one of the issues in one of the eras of inferential jurisprudence. Instantaneously by entering the issue, it affects all of its subordinate issues. And with the passage of time, not only will it become one of the basis of the issue in question, but itself is one of the underlying principles for the inference of other subdivisions and even other issues.
In this paper, these developments have been examined through the analysis of the components and investigation of the evolution of a jurisprudential subdivision from formation to progression. And a picture of its consequences in Shia jurisprudence will be demonstrated. The survey is based on the discussion of "necessity of the woman's alimony on husband", which has been subject to complexity and interference through various developments in different stages which makes it a decent example for reviewing these new criteria. With this review, the role of the historical course of inferential jurisprudence and the attitude of the Prophet's companions in shaping this complexity and the main causes of ambiguities in such subdivisions will be illuminated.

In this paper, first of all, the importance of marriage and family formation and mutually, the disadvantage of divorce in Islamic culture have been discussed and alimony as the right of women and the commitment of man in life has been discussed from the jurisprudential and legal point of view. Also, referring to the laws and regulations that have been laid down for the consolidation and solidarity of the family, the Islamic State's duty in this area are designed and some strategies for providing the livelihoods of families that are at risk of disintegration are suggested. Accordingly, the Islamic State has a duty to prevent, in the field of policy making, legislation, planning and implementation, the emergence of divorces that caused by economic deterioration, such as couple's inability to pay alimony.

Among the issues raised about the approach of the early jurists, which led to the emergence of some problems and ambiguities in jurisprudential rulings are the main and minor issues presented simultaneously on two different jurisprudential positions and subjects. One of the most complete examples of this issue has come about the issue of wife's disobedience (Noshooz), which two positions in the works by the Companions were examined in parallel: the first is in the topic of alimony cancellation, which includes one of the minor discussions of alimony, and the second in the argument of wife's disobedience (Noshooz), which was discussed at the end of the field relating marriage or the beginning of the other field on divorce. The differences in looking at the problem and the distinction of these two topics in the works of the Companions has led to the emergence of differences in dealing with minor issues and the dimensions of some of the issues raised in this discussion. In this study, differences existing in these two topic's investigations on the problem of wife's disobedience (Noshooz) were considered both in terms of "rulings" (jurisprudential judgements) and "subject". And attempts to illustrate the results of this inconsistency in the rulings concerning the problem, as well as presenting an account of why this happened, while taking into account the differences of opinion and developments during different periods.

The literary meaning of alimony is depreciation and devaluation; it is the (price of) common needs of a woman based on her situations determined by law. The payment of the alimony (to the wife) is by husband in a permanent marriage. All family expenses as well as personal expenses of the wife should be paid by husband and wife has no responsibility in this regard although she owns great wealth. This is a verdict determined by Quran, Islam and law.

Feminism emerged in the beginning of the seventeenth century as a movement to vindicate the women's rights. However, instead of defending the women's real rights, misused them as a means and had ungracious presuppositions like belittling the essence of women’s characters, believing in women's manhood, eliminating men from the society and transferring their affairs to women which all revealed a state of radical feminism that has threatened the women’s community. This study is to examine the abovementioned viewpoints and determine their possible weaknesses. In addition, it reviews the status of women and their real rights in religion in order to present the dominant situations in a large part of our rural and urban areas with an inappropriate culture of gender discrimination exerting the men’s dominance and treating women with a lot of authority and dominance. Meanwhile, many of the women’s legal and absolute rights are neglected.Demonstrating innumerable injustices against the religion and creating an improper image of women’s restrictions in religion have aroused serious doubts as to their legal laws or injunctions, including inheritance, legal custody, testimony, blood-money, and etc. This study sets out to briefly examine the aforementioned rights so that the Muslim women can precisely figure out the philosophy of these rights, regarding their spiritual rights to achieve their relief and respects, and maintain their dignity. More importantly, they can emancipate from the wrongdoers’ carnal desires and feministic thoughts.