Under the Islamic Law, sayings and Quranic verses, the husband is obliged to pay the spousal maintenance. Article 1106 of the Iranian Civil Code provides that the husband pays the spousal maintenance under the permanent marriage. This obligation survives when the marriage is dissolved due to divorce , revocation or the death of the husband if the wife is pregnant. According to Verse 6 of the Divorce Syrah (Quran) and Islamic sayings the pregnant divorcee is paid no matter the divorce is revocable or irrevocable. However, the scholars and clergies follow different views on this question whether this cost belongs to the wife herself or her child. The majority of Shiite, Shafei and Hanafieh branches regard it as the the child support. Other Shiite and Hanafieh scholars argue that the cost belongs to the wife .Even, some of these scholarsa believe this cost is a separate maintenance during the death Eddeh. It has been argued that the wife deserves no cost due to this fact that the dead husband is no obligation to pay. On the other hand, it may be asked that if the pregnant receives a part of the pregnancy maintenance cost or not. This research concludes that the wife should be paid the cost as the valid sayings and the "no insolvency and hardship "rule provide so.
Keywords: Maintenance, Pregnant Wife, Revocable and Irrevocable Divorce , Death Eddeh
Rahmani, M. (2020). Pregnant wife's maintenance cost following the marriage dissolution under legal jurisprudence of Iran, Shiite and Sonah Religous Branches. Women's Strategic Studies, 22(86), 107-124. doi: 10.22095/jwss.2020.210074.2183
MLA
Mahdi Rahmani. "Pregnant wife's maintenance cost following the marriage dissolution under legal jurisprudence of Iran, Shiite and Sonah Religous Branches". Women's Strategic Studies, 22, 86, 2020, 107-124. doi: 10.22095/jwss.2020.210074.2183
HARVARD
Rahmani, M. (2020). 'Pregnant wife's maintenance cost following the marriage dissolution under legal jurisprudence of Iran, Shiite and Sonah Religous Branches', Women's Strategic Studies, 22(86), pp. 107-124. doi: 10.22095/jwss.2020.210074.2183
VANCOUVER
Rahmani, M. Pregnant wife's maintenance cost following the marriage dissolution under legal jurisprudence of Iran, Shiite and Sonah Religous Branches. Women's Strategic Studies, 2020; 22(86): 107-124. doi: 10.22095/jwss.2020.210074.2183