Juridical Thought about the Employment of Wife and its Effect on Her Alimony

The holy legislator, and following it the lawgiver of the civil law of Iran, in the 1106th article, binds the husband to provide the costs of living (Nafaqah or Alimony) of his wife. Lawgiver in 1108th article stipulates that this binding is instead of wifeâs commitment to do her marital duties and...

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Main Authors: A. Izadi Fard, M. Mohseni Dehkalani, R. Adabi Firouzjai
Format: Article
Language:fas
Published: Semnan University 2014-06-01
Series:مطالعات فقه و حقوق اسلامی
Subjects:
Online Access:https://feqh.semnan.ac.ir/article_1909_a269578f2fa454021caaaa9beb834674.pdf
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author A. Izadi Fard
M. Mohseni Dehkalani
R. Adabi Firouzjai
author_facet A. Izadi Fard
M. Mohseni Dehkalani
R. Adabi Firouzjai
author_sort A. Izadi Fard
collection DOAJ
description The holy legislator, and following it the lawgiver of the civil law of Iran, in the 1106th article, binds the husband to provide the costs of living (Nafaqah or Alimony) of his wife. Lawgiver in 1108th article stipulates that this binding is instead of wifeâs commitment to do her marital duties and specifically total submit to the husband. From the other side, today, the employment of wife has become a prevalent issue in different societies to the extent that a considerable portion of women either their employment have precedent for marriage or they reserve âemployment rightâ for themselves as a clause in their marriage contract or with later obtainment of (husbandâs) approval. This research turns around the question that âDoes wifeâs employment -with approval of husband- lead to the forcible drop of the whole or a part of the alimony? Does the condition of dropping the whole or a part of the alimony with the husbandâs approval instead of wifeâs employment, have the capability of containing in the marriage contract? This paper, in order to answer above questions, studies and criticizes the views and proofs of jurists by virtue of common analysis of âtotal submitâ and independence of alimony from submit and also the rightfulness of alimony and has concluded that wifeâs occupation would not result in forcible drop of alimony, but containing the condition of drop of the alimony drop in the contents of marriage contract is possible.
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spelling doaj.art-c4ae70bb22f843d1977f7273457cc1d92024-02-23T23:17:13ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302014-06-01610315810.22075/feqh.2017.19091909Juridical Thought about the Employment of Wife and its Effect on Her AlimonyA. Izadi FardM. Mohseni DehkalaniR. Adabi FirouzjaiThe holy legislator, and following it the lawgiver of the civil law of Iran, in the 1106th article, binds the husband to provide the costs of living (Nafaqah or Alimony) of his wife. Lawgiver in 1108th article stipulates that this binding is instead of wifeâs commitment to do her marital duties and specifically total submit to the husband. From the other side, today, the employment of wife has become a prevalent issue in different societies to the extent that a considerable portion of women either their employment have precedent for marriage or they reserve âemployment rightâ for themselves as a clause in their marriage contract or with later obtainment of (husbandâs) approval. This research turns around the question that âDoes wifeâs employment -with approval of husband- lead to the forcible drop of the whole or a part of the alimony? Does the condition of dropping the whole or a part of the alimony with the husbandâs approval instead of wifeâs employment, have the capability of containing in the marriage contract? This paper, in order to answer above questions, studies and criticizes the views and proofs of jurists by virtue of common analysis of âtotal submitâ and independence of alimony from submit and also the rightfulness of alimony and has concluded that wifeâs occupation would not result in forcible drop of alimony, but containing the condition of drop of the alimony drop in the contents of marriage contract is possible.https://feqh.semnan.ac.ir/article_1909_a269578f2fa454021caaaa9beb834674.pdfalimonywifeemploymentsubmitdrop of alimony
spellingShingle A. Izadi Fard
M. Mohseni Dehkalani
R. Adabi Firouzjai
Juridical Thought about the Employment of Wife and its Effect on Her Alimony
مطالعات فقه و حقوق اسلامی
alimony
wife
employment
submit
drop of alimony
title Juridical Thought about the Employment of Wife and its Effect on Her Alimony
title_full Juridical Thought about the Employment of Wife and its Effect on Her Alimony
title_fullStr Juridical Thought about the Employment of Wife and its Effect on Her Alimony
title_full_unstemmed Juridical Thought about the Employment of Wife and its Effect on Her Alimony
title_short Juridical Thought about the Employment of Wife and its Effect on Her Alimony
title_sort juridical thought about the employment of wife and its effect on her alimony
topic alimony
wife
employment
submit
drop of alimony
url https://feqh.semnan.ac.ir/article_1909_a269578f2fa454021caaaa9beb834674.pdf
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