A Critical Review of Ayatollah Boroujerdi's Theory on Spousal Maintenance and Its Application to Family Support Laws in Iran

Abstract

This article critically examines Ayatollah Boroujerdi's theory on spousal maintenance and its application to family support laws in Iran. Ayatollah Boroujerdi, a prominent Shia Marja, presented an innovative theory emphasizing the unconditional obligation of spousal maintenance, independent of the wife's obedience. This theory has been recognized by some as a significant step towards enhancing women's rights within the Islamic family structure. The article begins by exploring the concept of spousal maintenance in Islamic jurisprudence and its legal foundations. It then analyzes Ayatollah Boroujerdi's theory and compares it with other jurisprudential views. The paper further assesses the compatibility of this theory with current family support laws in Iran, evaluating its strengths and weaknesses. Additionally, the article examines the impact of Boroujerdi's theory on judicial practices and contemporary jurisprudence, as well as its acceptance by modern jurists, and presents related judicial cases. Finally, the article concludes with suggestions for improving the integration of Boroujerdi's theory into contemporary laws and offers directions for future research.