Economic consequences of the crime of desertion by the spouse with emphasis on the family support la

Articles in Press

Document Type : Original Article

Authors

1 Fiqh and Fundamentals of Islamic Law, Mazandaran University, Babolsar, Iran

2 Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology, Mazandaran University, Babolsar, Iran.

10.22075/feqh.2025.35861.4078

Abstract

Alimony is one of the financial rights of a woman, which becomes obligatory in the case of a permanent marriage and on the condition of the wife's compliance, and if the husband refuses to pay it, the guarantee of legal enforcement obliges him to pay alimony. Guarantees of said executions are divided into two categories, civil and criminal. Of course, the guarantee of imprisonment under Article 53 of the Family Protection Law has been criticized by many jurists, but the legislator still emphasizes the criminalization of leaving alimony and the existence of such a provision. Regardless of the guarantee of the prescribed executions, leaving alimony by the spouse can have important personal, social, psychological, economic, etc. consequences; However, in this descriptive-analytical research with a library approach, only the economic consequences of abandoning charity have been explained. The most important of these economic consequences is the wife's request for divorce due to financial hardship and the imposition of costs due to proceedings, attorney's fees and back and forth, the occurrence of divorce and its related costs such as dowry and alimony, etc., the conflict of alimony with other debts of the bankrupt couple to the government. or government organizations, forcing a woman to work for a living and depriving a woman of her right to own alimony. Some of these consequences directly and some indirectly affect the economy of the society.

Keywords

Journal of Studies in Islamic Law & Jurisprudence

Articles in Press, Corrected Proof
Available Online from 21 April 2025

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