نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
This research aims to provide a comprehensive analysis of the civil and criminal enforcement mechanisms regarding the failure to pay *nafaqah* (spousal maintenance) within the Iranian legal system, while evaluating the efficacy of these measures in light of legislative developments over the past decade. Employing a descriptive-analytical methodology, the study utilizes library research and content analysis of "precedent-setting rulings" (*ra’y-e vahdat-e ravieh*) and the prevailing practices of family courts. The central research question asks: How have the legislative changes between 2012 and 2020 (1391–1399 SH) affected the nature of the crime of "failure to provide maintenance," and what approach have the courts adopted when faced with a conflict between the wife’s right to life and the husband’s *i‘sar* (financial insolvency/inability to pay)? The findings indicate that, pursuant to Precedent-Setting Ruling No. 733, criminal enforcement is restricted exclusively to "current maintenance" (*nafaqah-ye jariyeh*). Furthermore, the enactment of the *Law on the Reduction of Discretionary Imprisonment Sentences* (2020) has reclassified this offense as a "compound crime" (*jorm-e ghabel-e gozasht*—one that can be dropped if the complainant consents) and reduced the associated penalties; while this aligns with a criminal policy aimed at "decarceration" (reducing reliance on imprisonment), it has simultaneously diminished the deterrent effect of the law. In the civil sphere, the fundamental challenge lies in the adjudication of claims regarding a husband’s insolvency (*i‘sar*) concerning current maintenance. Ultimately, the implementation of a mechanism for the "periodic adjustment of maintenance"—based on Central Bank indices—is identified as the most effective judicial tool for mitigating protracted litigation and maintaining economic equilibrium between spouses during periods of inflation. This approach allows for a dynamic balance between the wife’s rights and the husband’s financial capacit
کلیدواژهها English