Legal Status of Pregnant Woman's Alimony at the Time of Irrevocable Divorce

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Ale Taha Seyyed Hossein; Mokhtari Afrakani Nader; Bashiri Aref; Nouri Somayyeh

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Journal: Islamic jurisprudence Resaerch Year:2019 | Volume:15 | Issue:1 Page(s): 115-139

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Information Journal Paper

Title

Legal Status of Pregnant Woman's Alimony at the Time of Irrevocable Divorce

Author(s)

Ale Taha Seyyed Hossein | Mokhtari Afrakani Nader | Bashiri Aref | Nouri Somayyeh | Issue Writer Certificate

Keywords

AlimonyQ1

Irrevocable DivorceQ1

Pregnant WomanQ1

Right of ResidenceQ2

HeirsQ1

Abstract

In spite of the fact that the jurisprudents, relying on the Verse 6 of the Surah Divorce, agree on the obligatory nature of the Pregnant Woman’ s Alimony during waiting period after divorce, there are two fundamental ambiguities surrounding this kind of Alimony: on the one hand, it is disputed whether the above-mentioned Alimony is for women or her pregnancy? The majority of jurisprudents hold that Alimony is for her pregnancy. In contrast, a few of them hold that it is for the woman. On the other hand, the death of man after the woman's divorce results in the conflict between the Right of Residence of the woman-as part of the Alimony-and the right of Heirs to inherit the property of the deceased. In the meantime, some of the scholars like Saheb Javaher proposed the theory of revolution in Alimony. In contrast, the majority of jurisprudents hold that the wife has the priority Right of Residence. After evaluating the arguments of the jurisprudents and the proposed theories, the findings of the study showed that contrary to the famous beliefs, after proving Alimony for the woman relying on the advent of the proofs of the verses and traditions, this Alimony is placed in the third group of the category of "conjugality Alimony” but not the Alimony itself. In the issue of conflict of the Right of Residence after the death of man, the claim of the theory of revolution of waiting time cannot be fulfilled due to the priority of the effect of the verse, on the other hand it sustains harm to the wife and the fetus which is not allowed based on no-harm rule.

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APA: Copy

Ale Taha, Seyyed Hossein, Mokhtari Afrakani, Nader, Bashiri, Aref, & Nouri, Somayyeh. (2019). Legal Status of Pregnant Woman's Alimony at the Time of Irrevocable Divorce. ISLAMIC JURISPRUDENCE RESEARCH, 15(1 ), 115-139. SID. https://sid.ir/paper/381682/en

Vancouver: Copy

Ale Taha Seyyed Hossein, Mokhtari Afrakani Nader, Bashiri Aref, Nouri Somayyeh. Legal Status of Pregnant Woman's Alimony at the Time of Irrevocable Divorce. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2019;15(1 ):115-139. Available from: https://sid.ir/paper/381682/en

IEEE: Copy

Seyyed Hossein Ale Taha, Nader Mokhtari Afrakani, Aref Bashiri, and Somayyeh Nouri, “Legal Status of Pregnant Woman's Alimony at the Time of Irrevocable Divorce,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 15, no. 1 , pp. 115–139, 2019, [Online]. Available: https://sid.ir/paper/381682/en

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