Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 781-796 |
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Khanzadehpoor M, Karimi A, Moradi H. Legal Analysis of Increase and Decrease of Husband’s Nafaqah (Maintenance) Obligation concerning Payment of
the Wife’s Medical Expenses. MLJ 2024; 18 (59) :781-796
URL: http://ijmedicallaw.ir/article-1-1879-en.html
URL: http://ijmedicallaw.ir/article-1-1879-en.html
1- Department of Private Law, Emirates Branch, Islamic Azad University, Dubai, United Arab Emirates.
2- Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
3- . Department of Public and International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
2- Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
3- . Department of Public and International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.
Abstract:
Background and Aim: The "Nafaqah" or maintenance obligation constitutes a fundamental financial duty of the husband towards his wife in the marriage contract. The Iranian Civil Code approved in 1935, specifically in Article 1107, outlined circumstances for maintenance grounded in Sharia principles while initially neglecting other needs such as medical and health expenses. The subsequent 2002 amendments to the Code rectified this omission by explicitly incorporating these expenditures into the scope of maintenance obligation. This study analyzes the obligatory nature and extent of medical and health expenses, as well as their potential adjustments relative to other maintenance needs. Employing a descriptive-analytical methodology, this research engages with relevant legal theories and considers the interplay between statutory provisions and the intentions of the couple. The findings aim to enhance the understanding of the legal framework governing marital financial responsibilities, particularly concerning health-related expenditures.
Method: The methodology adopted in this research is descriptive-analytical, with the data collection conducted through library studies.
Ethical Considerations: This article is strictly committed to ethical principles, integrity, respect for rights, confidentiality and adherence to intellectual and material property rights.
Results: Alimony (nafaqa) constitutes a legal obligation established by law, delineated by the Legislator. In particular, medical expenses, as they pertain to the physical and mental well-being of the wife (zawjah), acquire significant legal status and are given due consideration by the Legislator. The obligation to provide for the medical expenses of the wife is inherently linked to the husband's (zawj) responsibilities within the marital framework and roles of motherhood. Consequently, should the husband request certain medical procedures or surgeries even when these lack medical necessity and are purely cosmetic in nature-the husband remains obligated, on the basis of his duties regarding shared marital finances, to bear the costs incurred.
Conclusion: The principle of the sovereignty of will (imam al-iradah), within the context of family law and the effects of marriage (nikah), is acknowledged as valid. Spouses may consensually agree on the financial obligations related to medical expenses, whether through reduction (takhfidh) or augmentation (ziyada) and such agreements are enforceable. However, the principle of sovereignty of will is subject to exceptions concerning the adjustment of medical expenses. Specifically, firstly, an increase in medical expenses associated solely with cosmetic interventions when pursued without the husband's consent and where the extent of such expenses remains indeterminate renders the conditional agreement void due to the principle of ignorance (jahl). Secondly, a reduction in medical expenses that compromises the physical or psychological health of the wife, or impairs her capacity to fulfill her obligations as a wife and mother, would also be deemed impermissible (ghayr mashru’) and void, as it contradicts public policy and health considerations in Islamic legal thought.
Please cite this article as:
Karimi A, Khanzadehpoor M, Moradi H. Legal Analysis of Increase and Decrease of Husband’s Nafaqah (Maintenance) Obligation concerning Payment of the Wife’s Medical Expenses. Medical Law Journal. 2024; 18: e53.
Method: The methodology adopted in this research is descriptive-analytical, with the data collection conducted through library studies.
Ethical Considerations: This article is strictly committed to ethical principles, integrity, respect for rights, confidentiality and adherence to intellectual and material property rights.
Results: Alimony (nafaqa) constitutes a legal obligation established by law, delineated by the Legislator. In particular, medical expenses, as they pertain to the physical and mental well-being of the wife (zawjah), acquire significant legal status and are given due consideration by the Legislator. The obligation to provide for the medical expenses of the wife is inherently linked to the husband's (zawj) responsibilities within the marital framework and roles of motherhood. Consequently, should the husband request certain medical procedures or surgeries even when these lack medical necessity and are purely cosmetic in nature-the husband remains obligated, on the basis of his duties regarding shared marital finances, to bear the costs incurred.
Conclusion: The principle of the sovereignty of will (imam al-iradah), within the context of family law and the effects of marriage (nikah), is acknowledged as valid. Spouses may consensually agree on the financial obligations related to medical expenses, whether through reduction (takhfidh) or augmentation (ziyada) and such agreements are enforceable. However, the principle of sovereignty of will is subject to exceptions concerning the adjustment of medical expenses. Specifically, firstly, an increase in medical expenses associated solely with cosmetic interventions when pursued without the husband's consent and where the extent of such expenses remains indeterminate renders the conditional agreement void due to the principle of ignorance (jahl). Secondly, a reduction in medical expenses that compromises the physical or psychological health of the wife, or impairs her capacity to fulfill her obligations as a wife and mother, would also be deemed impermissible (ghayr mashru’) and void, as it contradicts public policy and health considerations in Islamic legal thought.
Please cite this article as:
Karimi A, Khanzadehpoor M, Moradi H. Legal Analysis of Increase and Decrease of Husband’s Nafaqah (Maintenance) Obligation concerning Payment of the Wife’s Medical Expenses. Medical Law Journal. 2024; 18: e53.
Type of Study: Original Article |
Received: 2024/09/18 | Accepted: 2024/12/7
Received: 2024/09/18 | Accepted: 2024/12/7
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