Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Alimony of Pregnant Woman and Fetus in the Light of Variable Verdicts and its Criminal Sanction

Document Type : Original Article

Authors
1 PhD student, Department of Theology of Islamic Knowledge, Payame Noor University, Tehran, Iran
2 Assistant Professor Department of Jurisprudence and Fundamentals of Islamic Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran
3 Assistant Professor Department of Jurisprudence and Fundamentals of Islamic Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
10.22034/jccj.2022.363944.1103
Abstract
Alimony for pregnant women and fetuses is one of the important topics that an attempt was made to analyze it in the light of variable verdicts and to examine its criminal sanction. The current paper is descriptive and analytical and has been explored using the library method. The findings of the present paper indicate that alimony of the wife and fetus is the responsibility of the man, but if the woman leaves her husband's house due to her refusal to fulfill her marital duties, her alimony will be reduced, and the fact that the woman is pregnant has no effect on the reduction of her alimony. But the child's father is responsible for maintaining and alimony of the fetus. Regarding the alimony of a pregnant woman, according to the opinion of most jurists and civil law, if a woman is in a retrograde divorce, she is entitled to alimony and during the period of idah, but a divorced woman is entitled to alimony only if she is pregnant. But regarding the alimony of a pregnant woman of dead husband, the woman is not entitled to alimony. The alimony is one of the subjects that are affected by variable sentences due to the consideration of the time requirements and conditions of the wife and the examples of alimony, which are subject to the custom and social conditions of the wife. Husband refusal to pay alimony to wife is punishable by imprisonment penalty.
Keywords

Volume 2, Issue 4
Autumn 2022
Pages 87-98

  • Receive Date 28 October 2022
  • Revise Date 29 November 2022
  • Accept Date 11 December 2022
  • Publish Date 22 December 2022