|
A Study of Basis of Husband's Duty to Provide for His Wife and Feasibility to Waivering It in Iranian Legislative Process
|
Ayla Yeke Fallah1   , Ahmad Esfandiari2  |
1- M.A, Department of Private Law, Sari Branch, Islamic Azad University, Sari, Iran.
2- Assistant Professor, Department of Private Law, Sari Branch, Islamic Azad University, Sari, Iran. (Corresponding Author) |
|
|
Abstract: (35 Views) |
Background and Objective: Although there is a consensus in Imami jurisprudence on the one hand and Iranian legislator view of point on the other, Iranian laws are silent about the basis for such a duty 120.as well as it's excluding, there is no consensus among legal writers on this matter.
Materials and methods: This study was conducted using an analytical-descriptive method.
Ethical considerations: ethical principles have been observed in writing this article.
Findings: Some jurists and lawyers believe that maintenance is a substitute for obedience and that the duty to pay maintenance is conditional on the complete obedience by wife. In contrast, another group of jurists and legal writers declared the right of obedience as the basis for the duty of maintenance and considered it to be one of the functions of the husband's headship in the family, which is discharged if the wife departured from obedience to her husband.Although some have introduced such an obligation as being waived due to financial reasons, many have not accepted it, considering that such an obligation goes against the principle of marriage.
Conclusion: The jurists' view that introduces the marriage contract as the reason for the duty of maintenance, consider it's mere occurrence to be the cause of the duty of maintenance and consider disobedience only as a obstacle -is more consistent with facts of current Iranian law. However, Articles 1102 to 1120 of the Civil Code indicate the mutual relationship between these two obligations, which cannot be waived. |
Article number: 3 |
| Keywords: Obedience, Headship, Wife, Marriage, Disobedience, Maintenance |
|
|
Full-Text [PDF 526 kb]
(16 Downloads)
|
Type of Study: Research |
Subject:
Special
Received: 2025/02/13 | Revised: 2025/03/15 | Accepted: 2025/03/18 | Published: 2025/06/22
|
|
|
|
|
|
|
| Send email to the article author |
|
|
|
| Add your comments about this article |
|
|
|
.png)
