Guardian Council Analysis on Women's Privileged Rights on Alimony

Abstract

Women's rights alimony as preferred creditor is highlighted in Iranian civil law. In other words women's right on maintenance is given priority over other debts, meaning the wife's claim takes priority over all other debts. It should be noted the above mentioned rights are considered in the first draft of family protection law and more privilege is given to women on this issue. In spite of that it seems the guardian council didn’t take into account women's privileged rights on alimony and considered it unlawfull and against sharia law. Moreover nothing regarding women's right is mentioned in the final text Nevertheless this priority is not only stipulated in all jurisprudential texts, but it is consistent with ethical and philosophical rules. Although nothing regarding women's privileged rights on alimony is mentioned in the new codified law, it still remains in other laws.

Keywords

• alimony
• prey erred claim
• equality
• creditors
• family
• protection law
• guardian
• council