Evaluation of the wife's entitlement to alimony and punishment for abandoning alimony in the absence of permissible compliance

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
Undoubtedly, a wife who has a permanent marriage and submits, it is obligatory for her husband to provide her alimony. Sometimes there are situations where the woman refuses to comply and she may have permission, but her alimony is still protected and the husband who abandons the alimony is sentenced to prison according to the law. But the opinion of many jurists is different on this issue, and since its analysis can cause a change in the vote in the legislation, it is necessary to research it. Based on this, we are faced with two upcoming questions; With what jurisprudential and legal basis can the wife's entitlement to alimony be proved in cases of permissible disobedience? What is the verdict of not paying the wife's alimony in this assumption, and how much can the sentence of imprisonment be in line with the family protection law? In this article, we are trying to evaluate the permissible cases of disobedience, the wife's entitlement to alimony and the type of punishment for the husband who neglects alimony in this situation. Based on the findings of this article, which was written in a descriptive and analytical method, in cases of disobedience, the wife is entitled to alimony, but punishing the husband with imprisonment is against supporting the family, and the punishment of the husband who neglects alimony should not be imprisonment.
Language:
Persian
Published:
Womens Strategic Studies, Volume:25 Issue: 98, 2023
Pages:
83 to 109
https://magiran.com/p2621189