The Condition for the Determining of Alimony in Iranian Law and Shiite Jurisprudence

One of the issues that are problematic in the system of family law is the determining of alimony. On the basis of this condition, the couple may, with the consent of the wife, determine the exact amount of the alimony or make determinable. If this condition is accurate, the wife does not have the right to claim from her couple more than that predetermined amount. Accordingly, there is a controversy between jurists and lawyers; in other words, some have considered the “alimony” as a “right” and some considered it as a “religious command”. On this basis, if it is accepted as a command, the condition should be void, while the accepting it as a right strengthen the accuracy of the condition. Accordingly, the author in this article attempts to prove that according to the views of both jurisprudents and jurists about alimony, whether it is a right or a command, this condition can be permissible, and in this regard, if any of the jurists and the lawyers are inclined to each of the two perspectives, this correct condition can be mentioned in the contract.