Jurisprudence approach over the costs of education and health in wife's alimony

Subject Areas : فقه و مبانی حقوق

zeinab mashhoodi ¹ , ابراهیم شبیری ²

1 - پژوهشگر حوزه خانواده و مدرس دانشگاه قم
2 - دانشجو وپژوهشگر

Received: 2016-08-22 Accepted : 2016-10-19 Published : 2015-12-22

Keywords: wife, Maintenance, Compliance, Disobedience, husband,

Abstract :

Abstract This study sought to determine the scope of legal and jurisprudential aspects Nfqh wife. According to Article 167 of the constitution in cases where the law is silent about the sentence or brief question must issue a warrant to be derived from legal sources and according to the jurists. Article 1107 of the Civil Code of the Islamic Republic of Iran analogy is considered to be the wife's alimony, but he set the range for the costs of education and health, explicitly or even implicitly there. So to extract the sentence should refer to the sources of Islamic law and doctrine. In this context, by examining legal opinions on the Nfqh wife, it proves that maintenance In addition to items such as food, clothing and housing, such as education and health costs as well as the wife. Of course there are differences of opinion on this issue, but as always conventional, popular opinion is preferred. Thus, according to the study presented conditions that have been conditionally costs are not absolutely the wife's alimony, unlike other conventional alimony.