فقه و حقوق خانواده (Apr 2021)
The guarantee of the implementation of leaving the wife's alimony based on the rules of jurisprudence and the principle of strengthening the family
Abstract
In Islamic jurisprudence, alimony is one of the obligatory duties of the couple after concluding the marriage contract, and the fulfillment of this duty has been guaranteed by making the protective laws. The guarantee of civil execution of non-payment of alimony by the spouse in the current regulations is the obligation of the spouse to pay alimony under Article 1111 of the Civil Code and the compulsion of the spouse to divorce under Article 1129 of the Civil Code and Also, the guarantee of criminal execution for leaving alimony according to Article 642 of the Islamic Penal Code is imprisonment from three months and one day to five months. The main issue of this article is which of the jurisprudential rules is based on the guarantee of the performances foreseen in the rules for non-payment of alimony? And what is the solution before the divorce regarding the performance guarantee of leaving alimony to the wife according to jurisprudential sources? In this research, using a descriptive-analytical method and by relying on the principle of family consolidation and using the rules of related jurisprudence such as the rule of harmless and no harm and the rule of guardianship, Al-Ta'zir and the rule of the governing province while analyzing the basic legal materials in dealing with complaints about non-payment of alimony to wife, Suggestions have been made regarding the prioritization of the proceedings, and the ruler divorce has become the last enforcement guarantee resulting from the husband's leaving alimony.
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