The Domain of the Application of the Rule of Binding in Solving the Disagreement of Rules about Alimony

Alimony (Nafaqih) is a lawful obligation upon the husband according to the marriage contract. Although the law has been observed in Article 963, Iran’s Civil Code, the unequal nationality marriage is accordingly considered under the nationality of the husband. In this case, the status of alimony in terms of due date and procedures, especially to observe the conditions of non-Shiite couples, has caused incompatibility and disagreement of codes not only on nationality also on religious rules, namely, diverse creeds of jurists (Fatawa) at shiite courts. On the other hand, the jurist's agreement in applying the Rule of Binding in divorce or inheritance can also be applicable in other relevant cases. Applying comparative study method, this article investigates incompatibility and disagreement of rules in the issue of alimony, assuming that the Rule of Binding is a multidimensional application.