An investigation of the Impact of Difference in Couples’ Religion on the Continuation and Non-Continuation of the Necessity of Wife’s Alimony from the Viewpoint of Religions’ Jurisprudence

Wife’s alimony includes all her conventional needs, and those commensurate with her situation. According to jurists, alimony becomes obligatory with marriage and wife’s deference, and factors such as wife’s violation of marital duties, death and irrevocable divorce as well as difference in couples’ religion have been regarded effective in making the alimony non-obligatory. Using the descriptive-analytical method, this study examines the pivotal issue of the effect of the difference in couples’ religion on alimony from the viewpoint of Islamic jurisprudence. The findings show that most of the jurists believe that when a non-Muslim spouse becomes Muslim or a Muslim spouse turns apostate - and the couple do not have the same religion at most until the end of the waiting period, separation occurs and consequently alimony becomes non-obligatory even during the waiting period. Of course if the wife is Muslim, alimony remains obligatory even during the waiting period. However, some juris have argued that difference in spouses’ religions does not annul the contract of matrimony and alimony, and despite disagreement in terms of religion, the contract of matrimony and alimony will be continued. In general, according to majority of jurist’s ideas and the application of the proof for wife’s alimony and the presumption of continuity of conjugality and retention despite the existence of difference in religion and the commutativeness of the contract of matrimony, it is claimed that in revocable divorce, regardless of religion and the existence of difference in couples’ religion, wife’s alimony is fixed till the complete dissolution of marriage and the end of the waiting period.