Wife of missing man missing in Iranian jurisprudence and law (Alimony, Mahr, Inheritance, divorce right)
S.H, Hosseini 1, M, Alezadeh 2 and Y Beheshti Zadeh 3
1 PhD student in jurisprudence and Islamic law, Amir Al-Momenin University of Ahvaz
2 Master of jurisprudence and law of Islamic law, Quran University and Hadith of Tehran
3 MA in International Law, Islamic Azad University, Tehran Branch
Abstract
Absent person is a guy that his absence long for a period of the time. Besides, there is not any news about him. In Shiite jurisprudence and civil law, the wife of absent man has some legal rights. Including, the right to alimony, the right to a dowry (if not demand), the inheritance rights. The judge has have such a right to notification of divorce, and the right of divorce after four years of governing. In the absence of the pair custody of children, the wife of absent man has legally responsible for the custody of children in the time of her partner’s absence. So the absent partner could not make a claim to custody of children. Scholars are not reaching on some points concerning on the period of the time that a partner cannot get married based on the legislated law. Some scholars believe that the period is death, and the rest scholars considered this period as the time of divorce. Although civil law, the period that a partner cannot get married is called the time of death.
Keywords: Missing absent, wife, law, jurisprudence, right to visit the ruler, assignments.
