نوع مقاله : علمی - پژوهشی
نویسندگان
1 دانشگاه امام صادق(ع)
2 استادیار دانشگاه امام صادق(ع) پردیس خواهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Divorce due to hardship is the subject of Article 1130 of the Civil Code and divorce due to non-payment of alimony is the subject of Article 1129 of the Civil Code and divorce due to the husband's violation of the conditions included in the marriage contract is one of the reasons for divorce at the request of the wife. the other hand, according to legal principles, spending on the wife is obligatory on the husband, and the violation of it has the guarantee of criminal enforcement, and this spending must be from financial resources acquired through legitimate means. The present study seeks to answer this question, whether the husband's refusal to pay alimony with the property acquired through legitimate means and the impossibility of binding him to the Shariah and legal duty can be an example of the reasons for divorce at the wife's request? Can the mentioned alimony be considered as a cause of hardship and embarrassment for the wife, as well as non-payment of alimony and as a result the wife's right to request a divorce? Can such spending be considered a violation by the husband of the terms of the contract (first and fifth conditions) and as a result prove the right of the wife to divorce herself by proxy from the husband? This article aims to answer the above questions with a descriptive-analytical method. The findings of the research indicate that all jurisprudential and legal sources do not have a statement in this regard and there are ambiguities regarding the interpretation of related laws it seems that it is possible to consider the spending on property acquired through illegal means as one of the causes of divorce at the request of the wife, and proposals to improve the laws and clarify the ambiguity can be proposed.
کلیدواژهها [English]
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