Comparative Analysis of the Legal Principles of Alimony in Islamic Jurisprudence, Iranian Civil Law, and French Civil Law

Abstract

This article provides a comparative analysis of the legal principles of alimony in three legal systems: Islamic jurisprudence, Iranian civil law, and French civil law. Alimony, recognized as one of the fundamental rights of women within the family, is defined and interpreted differently across these legal frameworks. In Islamic jurisprudence, alimony is based on Quranic teachings and the Sunnah, with the husband's obligation and the wife's compliance (tamkin) as key conditions for entitlement. In Iranian civil law, alimony is legally guaranteed, with conditions such as the wife's compliance and the husband's financial status influencing its determination and entitlement. In French civil law, alimony is viewed as a mutual legal obligation between spouses, with a stronger emphasis on maintaining the wife's standard of living post-separation. This article compares these principles, examining the commonalities and differences among these three legal systems, and offers recommendations for reforming and improving alimony laws in Iran. The findings highlight the emphasis on the importance of alimony across all three systems but also reveal significant differences in entitlement conditions and enforcement mechanisms, which necessitate reconsideration and adaptation to current social and cultural contexts.