Jurisprudential Study of the Legal Institution of Nehlah in the Iranian Legal System

In the Law on Amending the Regulations Related to Divorce, passed in 1992, the legal institution of nehlah was considered to protect women who are divorced by oppression, according to which some women are entitled to receive a gift from their husbands at the time of divorce in accordance with the provisions of the law. Prior to the enactment of this law, this type of gift had no place in the Iranian legal system, although the teachings of Islam strongly emphasized that men should give some kind of gift to their divorced wives. In this study, the authors, employing a descriptive-analytical method and using religious sources, seek to answer the important question: Is it obligatory to pay nehlah in Islamic jurisprudence, as it is obligatory to be paid to some divorced women in the Iranian legal system? And does it belong to the same group of women? In the present study, by mentioning the differences and similarities between the institution of nehlah in Imami jurisprudence and the legal system of the Islamic Republic of Iran, it is concluded that there are many differences in nehlah in law and jurisprudence.