Legal and Jurisprudential Bases of Payment of Alimony to Wife in Viduity Period of Death
Document Type : Specialized Article
Authors
1 Assistant Professor, Faculty of Islamic Studies and Law, Imam Sadiq University
2 Master of Private Law
Abstract
One of the approaches that Iran's legislature has had after the Islamic revolution is to amend some laws among the civil ones, in order to expand and broaden loyal supports for women.
On November. 1st 2002 the article No. 1110 of the civil law was amended along with the articles No. 1107 & 1133 of the civil law under the title of "The amendment of some civil law articles." The previous 1110 had clarified that: "There's no alimony for a woman during her viduity period after her husband's death." In the recent amendment the article has been changed so that:" During the viduity period after the husband's death, whenever the widow claims, her expenditures will be extracted from the belongings of those who are responsible for her alimony (if they don't pay it). The thesis has researched into alimony during death viduity period; meanwhile, it has mentioned the interpretations on the verse No. 240 in Baqarih chapter of the Holley Quran whose topic is how to donate your possessions in a will while passing death viduity period.
Finally, relying on the elaborative details of parliament (Majlis) and Guardian Council negotiations, the thesis has mentioned the shortcomings of the article and has made some suggestions.
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