Research Article | Open Access
The will of the spouses to waive the right to alimony including the marriage contract from the perspective of sunni and imami jurisprudence, Iranian and afghanistan law
Seyed Sohrab Sadat,Dr. Hossein Miri,Dr. Medibo Juni
Pages: 266-280
Abstract
Paying alimony to the wife by the husband is one of the ancient traditions that can be said to have a history that is as old as humanity. It has long been a tradition that whenever a man and a woman were recognized as husband and wife by concluding a marriage contract, the wife's alimony was the responsibility of the husband. This has also been confirmed and emphasized by jurisprudential and
Islamic sources. Now the question that arises is whether the husband and wife can agree based on their will so that the husband is not responsible for paying the wife's alimony? In this study, these results have been obtained with a descriptive-analytical method considering the Imamiyyah jurisprudence,
Sunni jurisprudence, and the civil law of Iran and Afghanistan. In the Imamiyyah and Sunni jurisprudence, two views have been put forward regarding the acceptance of the condition of nonpayment of alimony.
Keywords
alimony, marriage,will,law.jurisprudence