Page 92 - Pure Life 29
P. 92
Functions of Custom Law in … H. Andalib / (91
here we will suffice with just a Some jurists such as
few examples: Ayatollah Khoei, Tabrizi,
1. Wife’s Alimony Vahid Khorasani, Tabatabaei Qomi,
As for the alimony of the wife Rouhani, Fayadh, issued a
during the marriage, it depends fatwa on the non-obligation of
on the fact that she has not yet alimony in these days, “The
gone to her husband's house. alimony of the wife is not
Here, there are arguments obligatory on the husband
that alimony is obligatory, between the time of marriage
which obliges a man to pay it and the wedding because
and on the other hand, Ertekaz according to Ertekaz of the
of the custom is in the opposite custom, alimony is not the
because according to it, during responsibility of the husband
the time that the wife is in her during this period”. (Khoei,
father's house and the alimony 1997: 287; Tabrizi, 2005: 360;
is given to her by her father Vahid Khorasani, 2007: 326;
and according to custom, no Tabatabaei Qomi, 2005: 297;
one obliges the man to pay Hosseini Rouhani, 2007: 535;
alimony during this period and Fayadh Kaboli, 1999: 71)
no one condemns him for not
paying it. 2. Lien
This issue is considered as The lien is the legal right that
Ertekaz of the custom which is in the transaction the parties
accepted by the couple before can keep something that
and during the marriage. belongs to someone who owes
Therefore, this Ertekaz prevents the other party money, until
the applications and generalities the debt has been paid.
of the obligation of alimony.
