Document Type : research
Authors
1
Master's student in Islamic Jurisprudence and Law, Department of Jurisprudence and Law, Faculty of Theology and Islamic Sciences, Tabriz, Iran
2
M.A in Quranic sciences, University of Quranic Sciences and Education, West Azarbaijan, Iran
3
Assistant Professor, Department of Jurisprudence and Law, Faculty of Theology and Islamic Sciences, Tabriz University, Iran
10.22034/ejs.2024.442924.1696
Abstract
Background and Aim: The payment of alimony is one of the most important issues in the relationship of couples and the legislator has established special regulations for it. Therefore, in this study, the legitimacy of the conditions of non-payment of alimony in a permanent marriage and its payment in a broken marriage should be investigated.
Materials and Methods: This article is descriptive and analytical. The materials and data are qualitative and data collection was used to collect the materials.
Ethical Considerations: In writing the article, the originality of the texts, honesty and trustworthiness have been made.
Findings: The conditions of alimony payment depend on the type of marriage. Thus, in a permanent marriage, one of the duties of the husband is a legal document (Article 1106 of the Civil Law). In a permanent marriage, according to the rational and shari'a principle of the rule of will, the couple can agree on the cancellation of future alimony, and in alimony to the wife, unlike a permanent marriage, in a temporary marriage, the husband has no obligation to pay alimony to the wife; Unless it is stipulated in the contract.
Conclusion: The condition of paying alimony in temporary marriage has been accepted by the legislator and there is consensus about it. The principle of the sovereignty of the will of the parties in the contracts also confirms this opinion, but in temporary marriage, alimony is not obligatory, and if there is a condition to pay it, it is not subject to the effects of alimony in permanent marriage.
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