Alimony in temporary marriage

Document Type : Specialized Article

Authors

1 imam sadegh university women

2 university imam sadegh

Abstract

Temporary marriage is one of the accepted institutions in Islamic jurisprudence and law that it differs from permanent marriage in some rules and characteristics such as paying alimony to the wife. In the temporary marriage, unlike the permanent marriage, husband is not obliged to pay alimony to his wife; unless it is stipulated in the contract or the contract is based on it. The condition of paying alimony in a temporary marriage as a basic condition is one of the complementary laws in this type of marriage that has been accepted by jurisprudential legislator and the legal legislator and there is a consensus in it. The principle of sovereignty of two parties' will in the formation of contracts also confirms this, but it should be noted that conditional alimony in a temporary marriage does not follow the structures and rules of alimony in a permanent marriage, but follows the laws governing the terms of the contract. The period of paying alimony, which can be more or less than the time of temporary marriage, is another issue which is discussed because there is disagreement about this condition whether it will be remain or not in the case of temporary marriage dissolution due to contractual dissolution, involuntary dissolution or waiver of the remaining period. This research which is done by collecting documentary-library method and written by descriptive-analytical method explains and analyzes the mentioned cases.

Keywords

References

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Biannual Journal of Family Law And Jurisprudence
Volume 25, Issue 72
March 2020
Pages 163-189

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