Entitled to alimony about pregnant divorcee

Karimi, Nasrin; Ahmadi, Fatemeh

doi:10.30497/flj.2021.240225.1614

Entitled to alimony about pregnant divorcee

Document Type : Scholarly Article

Authors

Nasrin Karimi ¹
Fatemeh Ahmadi ²

¹ Assistent ProfessorDepartment of Fiqh (jurisprudence) and basis of Islamic law, Qom Branch, Islamic Azad University, Qom, IranQom Branch, Qom, Iran.

² Department of law, Qom Branch, Islamic Azad University, Qom, Iran

10.30497/flj.2021.240225.1614

Abstract

According to the law, upon the marriage, the husband is obligated to pay alimony to the wife and this legal obligation continues until the end of marital relationship, but in some cases despite of divorce and disbandment of marriage relation, the spouse's obligation to pay alimony continues. According to the Article 1109 of the Civil Code, in the case of revocable divorce absolutely and in all circumstances, and in irrevocable divorce and termination of marriage, if the wife is pregnant, alimony must certainly be paid by husband. The purpose of this study is to determine the entitled alimony for pregnant women, which has been done by descriptive-analytical and inferential methods and by collecting data in a library. In this regard two main views have been proposed; some believe the pregnant woman is entitled to receive alimony and others believe that the unborn child is, and they cited to the specific reasons to prove their point of view. The first view was followed by the legislator. Although accepting this point of view is more suitable, but, the interests of the fetus require that an independent legal system be established to guarantee fetal alimony. The alimony which is paid by the husband to divorced woman in the waiting period of Divorce (Oddah) is the effects of previous marriage that still exists. When the alimony is paid to divorcee, she benefits it directly and the unborn child indirectly benefits from it indirectly.

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