Abstract:
Providing for the expenses and livelihood of the family is one of the most important financial rights and duties of spouses in Iranian law. Some scholars believe that maintenance is part of the mandatory rules. However, currently, some scholars hold the view that maintenance is a supplementary rule, regarding which the parties to the marriage contract can reach an agreement on the amount or its waiver. Based on the foundations of Imami jurisprudence, spousal maintenance not only has characteristics and advantages compared to the maintenance of relatives, but its nature is also different. This different nature is the cause and basis for the advantages of spousal maintenance, and the protection of the wife falls within the framework of this distinct nature. Unlike the maintenance of relatives, spousal maintenance is a legal effect (wad'i) of the marriage contract, and the wife has ownership rights over it. None of the conditions of obligation, such as the husband's ability and capacity, are involved in creating this right, and in case of non-payment, it is a debt upon the husband that can be claimed at any time. Accordingly, the passage of time has no effect on it and it does not lapse; whereas it can happen [with other types]. For this reason, even in the event of the provider's refusal, no debt is created for him unless, based on the permission of the ruler, the maintenance is paid as a loan by a third party. The result of this research shows that the distinctions between spousal maintenance and the maintenance of relatives are justifiable based on the distinction between the two concepts of debt and obligation in Islamic law.
Machine summary:
The Nature of Spousal Maintenance and Maintenance of Relatives: Debt or Obligation 1 Omid Khosravi 2 Mohammad Reza Aghajani Ghanad Abstract Providing for the expenses and livelihood of the family is one of the most important financial rights and duties of spouses in Iranian law.
Children must [know that] in Islamic jurisprudence and law, based on different natures and rulings, there are two types of maintenance: Spousal maintenance: the support that the husband must provide to his wife.
" In Iranian law, although the two concepts of debt and obligation have different natures relative to each other based on the principles of Islamic law, they have been conflated and considered identical by some jurists, and many fundamental legal concepts, including the concept of "total liability in one's responsibility," have been influenced by this.
Regarding current maintenance, however, most jurists and legal scholars consider maintenance to be a debt belonging to the wife, which attaches to the husband's liability at the beginning of each day (Kashif al-Ghita, 1381 AH, Vol. 1, p.
According to the view of a group of legal experts, both the wife's and relatives' maintenance are considered legal obligations and do not have a substantive difference from each other, and the wife's maintenance merely possesses certain privileges compared to the maintenance of relatives; however, by clarifying the jurisprudential-legal foundations, it became clear that the wife's maintenance is one of the wad'i effects of the marriage contract and is considered a type of financial right for the wife, and in fact, it is equivalent to a wad'i ruling rather than a taklifi one, and in case of non-payment, it becomes a debt on the husband's liability, and the wife becomes its owner.
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