Jurisprudential - legal studies of woman and family

Jurisprudential - legal studies of woman and family

Disambiguation of the Criteria for Determining Alimony

Document Type : Original Article

Authors
Saeed Sabouei Jahromi 1
َAli Jafari 2
Seyed Amirhosein Arjmand 3
1 Master's Student in Jurisprudence and Fundamentals of Law, Farabi campus, University of Tehran, Qom, Iran
2 Assistant Professor, Department of Jurisprudence and Law, Farabi Campus, University of Tehran, Qom, Iran
3 Seminary Student, Qom, Iran
Abstract
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. 
Keywords
Alimony
Criterion
Husband
Wife
Custom
The Holy Quran
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Jurisprudential - legal studies of woman and family
Volume 5, Issue 9 - Serial Number 9
September 2022
Pages 135-157

  • Receive Date 06 February 2022
  • Revise Date 28 February 2022
  • Accept Date 19 March 2022