چکیده:
In line with international rules and standards that call for family members to be completely independent of each other, Islamic law and jurisprudence (Article 1118) also seek to strengthen family ties with tools. Among these tools and mechanisms is the obligation of alimony for women on men; Islam has attached special importance to giving women financial rights, including alimony. According to verses and hadiths, alimony is obligatory on men. In this regard, except for minor issues such as the cost of treatment, there is a consensus among jurists. Therefore, this right can be claimed and enforced and if a man refuses to pay the alimony, it can be claimed as a legal issue with execution guarantee. In this study, what is examined comparatively using a descriptive analytical approach is the presentation of a clear and obvious model of the effects of alimony payment in the existing Islamic denominations.
خلاصه ماشینی:
ir Introduction From the perspective of Islamic jurisprudence, providing for the family's expenses, including the woman's personal expenses, is the responsibility of the man, whether the woman is Muslim or non-Muslim; jurists have a consensus on this matter, provided that the marriage has been validly concluded; and if it is found that the marriage was void (fasid), the husband has the right of recourse.
The most important verse that Imami jurists (Tabataba'i, 1378: 29/4) have cited for the obligation of the wife's maintenance is the verse: «لينفق ذو سعة من سعته و من قدر عليه رزقه فلينفق مما آتاه الله لا يکلف الله نفسا إلا ما آتاها سيجعل الله بعد عسر يسرا؛» "The man of wealth should spend from his wealth, and he whose provision is restricted should spend from what Allah has given him.
3. Conditions of Obligation and Instances of the Wife's Maintenance Islamic jurists, including Najafi, Amili Jaba'i (al-Shahid al-Thani), and Musawi Khomeini, agree that maintenance is a necessary consequence of a permanent marriage contract.
, according to the opinion of Imami and Sunni jurists, except for Abu Hanifa, the judge can sell such assets and spend them on the woman's expenses (Ibn Qudamah, 1388: 245/9).
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