A Jurisprudential Study of the Right to Withhold Alimony from a Wife in Iranian Law
Subject Areas : Family Law
1 - Master of Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.
Keywords: Dowry , Alimony , Spouse's Inheritance, Obedience, Marriage , Right of Detention ,
Abstract :
This article uses an analytical-descriptive method to examine the jurisprudential and legal aspects of the wife's right to withhold alimony in Iran from the perspective of Imamiyya jurisprudence and Iranian law. According to Article 1085 of the Islamic Law, a wife may refuse to fulfill her obligations to her husband until the dowry is delivered to her, provided that her dowry is current, and this refusal will not constitute a waiver of the right to alimony. However, if the wife voluntarily refuses to fulfill her duties towards her husband before receiving the dowry, she cannot benefit from the ruling of Article 1085. Different opinions have been expressed in Imami jurisprudence regarding the right to retain a wife. In the sense that some have considered this right to be a mutual right for both parties and have considered its implementation to be bilateral. Some do not accept this right and believe that couples do not have such a right and that each spouse is obligated to fulfill their marital duties and obligations to each other. Some also believe that the submission and support of the wife is a right upon her, and the submission of the dowry is also a right upon the husband, so it is obligatory upon each of them to convey the right to its owner, and if one of the two refuses to fulfill his obligation, he has committed a sin. But with her disobedience, the right will not be revoked. However, it seems that this advantage is only for the wife and should not be allocated to the husband.
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