Scientific meeting of “New Examples of Alimony” with the presence of faculty member of Allameh Tabataba’i University Dr. Fatemeh Fallah Tafti as the lecturer and Mrs. Zahra Muhammad Perchavi, teacher of the field and research secretary of the Research Institute of Jurisprudence and Fundamentals of Law of Al-Zahra University on Thursday 27 Mehr was held at the Research Institute of Contemporary Jurisprudence.
Referring to the importance of the topic of discussion in this meeting, Dr. Fatimah Fallah Tafti said: “There are various questions about the examples of alimony, and all of these go back to a series of principles that exist among our jurists regarding the discussion of alimony. Our civil law also reads about alimony and legal articles are dedicated to it, but at the same time, we see that when we enter the courts, in some cases, alimony is still contested and sometimes a decision may be issued in the primary court. The same decision should be overturned in the Divan Court. Because there is a difference of opinion on this issue and sometimes that ambiguity in the law itself has not been resolved yet.
Regarding the views of jurists on this issue, he considered the three main views on the nature of alimony as follows:
- Meeting the needs of the lady
- Lady’s own habit
- Certain enumerated items (i.e. 6 or 8 items)
His other discussion was dedicated to examining the evidence of this ruling, including verses and hadiths. He considered the hadiths to be the main point in the debate and examined three categories of hadiths related to this debate:
- The narrations that are entered under the verses of maintenance.
- Traditions that consider alimony as three things.
- Hadiths that consider alimony as eight things.
Dr. Fallah explained that the best narrations are the narrations of the first category in which alimony is presented in a general way, and he considered the meaning of “alimony” to be accurate as another tool to understand the nature of Islamic alimony.
Based on these evidences, Dr. Fallah divided the examples of alimony in a threefold frameworks:
- necessities of life
- Welfare Affairs
- luxuries
In the continuation of the meeting, Mrs. Zahra Muhammad Parchavi, the teacher of the field and the research secretary of the Jurisprudence and Fundamentals of Law Research Institute of Al-Zahra University, criticized the statements of Dr. Fallah Tafti. According to him, things such as the need to examine the background, to examine the developments of the new period in the concept of alimony, and the need to be precise in the words of the jurists, were among the things that should play a more prominent presence in this research. Moreover, it is necessary to take a closer look at the framework of examples of spousal maintenance. Whereas presenting some concrete examples, he took in to considration the framework of this research to be based on custom analysis above all else and raised some research proposals in this field.