نوع مقاله : مقاله پژوهشی
نویسنده
گروه فقه و مبانی حقوق اسلامی، واحد قم، دانشگاه آزاد اسلامی، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Background and objectives: Relinquishment to pay maintenance is criminalized in law and if husband fails to pay maintenance, he will be prosecuted. According to the majority of Imamiyya jurists, any husband who refuses to pay the alimony of his wife, while having financial capability, will be sentenced to imprisonment. Accordingly, Article 642 of Penal Code also convicts such husband to imprisonment. But given the negative effects that these sentences can have on the basis of the family and the relationships between couple, the question arises as to whether these laws are subject to revision or modification
Methodology: The study is descriptive-analytical and library method is used for data collection.
Findings: The evidence used for permission of husband's imprisonment is based on traditions that report Ali (AS) imprisoned husbands who refused to pay the alimony of their wives. Some also referred to narrations that generally refer to the husband's imprisonment if he did not pay for his wife's alimony.
Conclusion: The given narratives do not permit imprisonment of an insolvent husband nor the one of unknown state or one who claims insolvency unless his claim is proved; discretionary sentencing merely applies on an insolvent husband who refuses to pay the alimony of his wife and does not have actual property. Therefore, because of negative consequences of sentencing, criminal rules on family matters, particularly the general policies on family, shall be reviewed.
کلیدواژهها [English]
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