A comparative study of alimony for the missing wife who left the marriage contract.
Subject Areas : Jurisprudence and private law
Mohammad
Gholami-Aliyaei
1
(PhD student of Islamic Jurisprudence and Islamic Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran.)
reza
ranjbar
2
(Assistant Professor, Fiqh and Fundamentals of Islamic Law Department, Tabriz Branch, Islamic Azad University, Tabriz, Iran.)
Rahim
Vakilzadeh
3
(Assistant Professor, Fiqh and Fundamentals of Islamic Law Department, Tabriz Branch, Islamic Azad University, Tabriz, Iran.)
Alireza
Lotfi
4
(Assistant Professor, Department of Jurisprudence and Principles of Islamic Law, Khoy Branch, Islamic Azad University, Khoy, Iran)
Keywords: marriage contract, Spouse alimony, missing, entitlement or non-entitlement of alimony,
Abstract :
In some cases, people leave their place of residence for various motives, such as work, travel, family dispute, or any other reason, and after a while there is no news of their existence; such a person is called an absentee in Islamic jurisprudence and law. In this research, the alimony entitlement of the missing man's wife, who has been legally removed from the missing man's marriage contract by the ruler's ruling, has been investigated from the perspective of Khamsa religions, and then, by using the descriptive and analytical method, it tries to give an appropriate answer to the question whether the absent wife who is divorced by the ruling of the ruler is entitled to alimony during the days of Adah? The findings of this research show that if the couple's separation is due to the decree of divorce, the missing man's wife will be entitled to maintenance, because every woman deserves maintenance during the days of divorce, and the missing man's wife is no exception. However, if this separation is the result of assuming the death of her husband, according to jurisprudence, the wife will not be entitled to alimony because a woman is not entitled to alimony during the days of her husband's death.
قرآن کریم.
_||_
Holy Quran.