Some issues regarding non-payment of alimony to a spouse according to the law of the Islamic Republic of Iran and the Republic of Tajikistan

Abstract

The establishment of good links between societies, people of any society, or family, and even spouses is determined by needs, the implementation of which must be provided by all parties. One of these needs, which play an important role in the economic, social, and cultural structure of society, is the mutual rights and obligations of spouses over alimony. In both the Islamic Republic of Iran and the Republic of Tajikistan, the law on alimony is of great importance in the stability and peace of the family, on the one hand, or in the collapse of family ties, on the other. Therefore, studying the rules of alimony and assessing its positive and negative consequences in the laws of the two countries can serve as a guide for reforming legislation and protecting the rights of the family. So, in the present study we try to use the method of comparative analysis to study the concept of alimony, the consequences associated with them in the areas of adherence, and the guarantee for the legal implementation of non-payment of alimony. The hypothesis of our work is that the non-payment of alimony in two countries Iran and Tajikistan entails different penalties. The purpose of this study is to identify the deficiencies of legislation in this area, and the positive cases of alimony rights in Tajik legislation in the field of prevention, as well as in the field of the guarantee for implementation. The results show that fundamental shortcomings send lawmakers in the Islamic Republic of Iran to the fact that laws on the protection of the family, the issuance of alimony and the punishment of non-payment of them require a serious revision to overcome the fundamental problems in this area.