Document Type : Original Article

Authors

• Masoud Farzad ¹
• Mohammad Abouata ²
• Hossein Sadat Hosseini ³
• mahdi zolfaghari ⁴

¹ Phd Student, law department, Azad University, Damghan, Iran

² Semnan University

³ Assistan Professor, law department, damghan branch, Azad university

⁴ Assistant professor, law department, damghan branch, Azad university

Abstract

There is not a unique opinion in slamic jurisprudence on the basis of requirement of wife’s alimony against her husband. Majority believes that obedience is the cause which obligate the husband to pay alimony. But Civil Act apparently does not consider obedience as a condition of wife’s entitlement but recognizes her disobedience as an obstacle to her entitlement because according to section 1102 of civil Act, upon concluding marriage contract, the rights and obligations of couple come to existence and one of these obligations is the debt of husband to pay alimony although under section 1108 of the Act, disobedience by wife removes the husband’s debt. On this basis what requires the payment of alimony to wife is the conclusion of marriage and hence so long as the contract exists, the wife is entitled to this right and even she may claims for her future alimony. It seems that notwithstanding disagreements, this subject is justifiable also from the viewpoint of civil procedure regulations.

Keywords

• Cause
• Alimony
• Obedience
• Disobedience
• Right