مطالعه ي تطبيقي حق طلاق به علت عدم انفاق در حقوق ايران، فقه عامه، و حقوق مصر و سوريه

Comparative Study of Divorce Right due to Unpaid Alimony: In Iranʹs Law, Positive Law, and in Laws of Egypt and Syria

This article examines the possibility for a wife of getting divorce in case of not receiving alimony. The method of investigation of such a claim is found in Iranʹs law. In addition to explaining the main conditions for obtaining the right of divorce with the help of Imamia School of Jurisprudence (Fiqh), positive laws and a survey on the procedures of investigation of the claim of divorce, the article has tried to apply Sunnite and laws of some Islamic countries in an attempt for reforming the related laws in Iran. Studies show that Iranʹs positive laws and Fiqh both consider failure to pay alimony to the wife as the reason for the right of divorce for the wife. However, the rules of investigation into divorce claims do not involve the wives rights for getting divorce in specific cases and thus these rules need reform using selected legal procedures of some Islamic countries.