نوع مقاله : مقاله پژوهشی
نویسندگان
1 طلبه سطح چهار موسسه آموزش عالی فاطمه الزهرا (سلام الله علیها) خوراسگان
2 استاد یار دانشگاه باقر العلوم( علیه السلام)
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Abstract
From the point of view of Islam and, accordingly, in the laws of the country, the legal guarantee of livelihood ensures the preservation and safety of social relations in the family. One of the results of the joint life of couples, which has been the focus of lawyers and other scholars of humanities not only in the past centuries but also in recent years, is the issue of alimony and dowry, which is a category of women's financial rights. The financial debt of a husband to his wife has several rulings in jurisprudence and law. In jurisprudence, some of them are discussed and jurists have different opinions about them. Debt payment is obligatory in the case of financial capability of the husband and imprisoning him for not paying the dowry in case of failure to prove his incapability does not have any legal base.
Ignoring the jurisprudential and legal issues of dowry and alimony in case of the wife's demand leads to the imprisonment of the husband, and the lack of education and correct information has caused many wives demanding dowry to put pressure on the indigent spouses even though they know about their poverty, and sometimes they have resorted to imprisonment. What is being discussed is the need to review the jurisprudential and legal proofs of the court rulings for the debtors (husbands) in its different stages, an analysis of the imprisonment, and a critique of the current procedures.
کلیدواژهها [English]
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