نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی کارشناسی ارشد فقه و مبانی حقوق، پردیس فارابی، دانشگاه تهران، قم، ایران
2 استادیار گروه فقه و حقوق، پردیس فارابی، دانشگاه تهران، قم، ایران
3 طلبه حوزه علمیه، قم، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Determining the amount of alimony is one of the jurisprudential issues on which there are different approaches. Some jurists believe that it is necessary to consider the status of the wife in paying alimony, and some are against this opinion. On the one hand, the statements of the jurists who believe in the priority of observing the status of the wife as the criteria for paying alimony (meeting the needs of the wife or maintaining her dignity and position) are confused and these titles are not well explained and separated. On the other hand, if the status of the wife is to be considered, it must be determined whether it is meant before or after her marriage. In addition, most scholars believe that the criteria for determining the status of a woman is the position of similar women in her place of residence; however, this theory needs more reflection and scrutiny. Although some of these issues have been briefly discussed in the scientific works of previous scholars, solving all these uncertainties requires an independent and comprehensive research. After examining the various dimensions of the problem, this article, using the descriptive-analytical method and library sources, reached the conclusion that: 1. The criterion is the dignity of the wife, not her need; 2. The criterion is after marriage, not before; 3. The criterion is the true dignity of a woman in the place where she resides, not her dignity in the society she is living in.
کلیدواژه‌ها [English]
)