The Study of the Divorce by the Order of the Judge in the Case of the Recent Indigence and Failure of the Spouse in Alimony Payment

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JAFARZADEH SIAMAK

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2020 | Volume:16 | Issue:59 Page(s): 71-88

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Title

The Study of the Divorce by the Order of the Judge in the Case of the Recent Indigence and Failure of the Spouse in Alimony Payment

Author(s)

JAFARZADEH SIAMAK | Issue Writer Certificate

Keywords

RefusalQ1

incapacityQ1

temporary incapacityQ1

AlimonyQ1

divorceQ1

dissolutionQ1

Abstract

In the legal system of Islam, there are rights and duties which must be observed by the parties to a marriage in order to strengthen the family system. One of these rights is the Alimony right for a woman. The issue discussed in this study is that in the case of recent failure and indigence of the spouse in Alimony payment, the famous jurists believe that the wife should wait and be patient and does not have the right to dissolve marriage or divorce. However, if the spouse refuses to pay alimony, many jurists have ordered the obligation of the spouse to pay or divorce. Is there any difference between these two cases so that different decrees have been issued? Does not the result of both of these situations harm women and deprive them of their legal and lawful rights? This paper explains and analyzes different perspectives on the issue, criticizes the famous view, and concludes that the current theory of divorce is more justifiable and powerful, even the evidence presented for the theory of dissolution of marriage by woman or ruler provides the same results.

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APA: Copy

JAFARZADEH, SIAMAK. (2020). The Study of the Divorce by the Order of the Judge in the Case of the Recent Indigence and Failure of the Spouse in Alimony Payment. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 16(59 ), 71-88. SID. https://sid.ir/paper/358345/en

Vancouver: Copy

JAFARZADEH SIAMAK. The Study of the Divorce by the Order of the Judge in the Case of the Recent Indigence and Failure of the Spouse in Alimony Payment. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2020;16(59 ):71-88. Available from: https://sid.ir/paper/358345/en

IEEE: Copy

SIAMAK JAFARZADEH, “The Study of the Divorce by the Order of the Judge in the Case of the Recent Indigence and Failure of the Spouse in Alimony Payment,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 16, no. 59 , pp. 71–88, 2020, [Online]. Available: https://sid.ir/paper/358345/en

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