Theological and Legal Principle of Alimony

Author(s):
Abstract:
Alimony or maintenance is a regular financial support that is given to a spouse after divorce to meet her reasonable needs. To guarantee the payment of alimony, its concept and acceptability have to be studied form a legal and theological stand point. The present article attempts to illustrate clearly these questions in order to point out what the theological principle behind it is. As it is based on the theological principles, the legislators with the help of the relevant law reach a firm consensus on legal verdict of alimony. Regarding alimony there are some unresolved questions such as: 1. whether a husband has to pay alimony. 2. Should the alimony be paid during temporary or permanent marriage contract? 3. Why a woman refuses to submit to her husband's demand. 4. Whether a husband is obliged to pay alimony or not. The study shows that jurisprudents and jurists have not reached a consensus. As a result the research findings vary. With regard to the "right to be obeyed" (hagh-o-l-ta-a) and the stand point of jurisprudential scholar, the law of alimony can be codified accordingly.
Language:
Persian
Published:
Family Law and Jurisprudence, Volume:16 Issue: 54, 2012
Page:
139
https://magiran.com/p997301