فهرست نشریات علمی دسترسی آزاد ایران

Background and Aim: The non-payment of a wife’s medical expenses as part of spousal alimony (nafaqa) represents an undeniable necessity within Iran's jurisprudential criminal justice system, due to its connection to public order and the protection of marital rights for women. This has led to the criminalization of spousal abandonment (tark-e enfāq) under certain conditions. However, disregarding the origin of the wife’s illness within this criminal imperative not only conflicts with the phrase "payment of alimony commensurate and proportional to the wife's circumstances" in Article 1107 of the amended Civil Code (1381/2002), but also fails to align with principles of equity and judicial justice. The question thus arises: In what criminal position does the husband stand when failing to pay the medical expenses of his wife who is afflicted with various diseases that prevent her from fulfilling specific marital obligations towards him? Materials and Methods: The present study, drawing on authentic jurisprudential and legal sources and employing a descriptive-analytical method, examines jurisprudential and legal perspectives on the impact of the state of affliction and the origin of diseases preventing a wife's specific marital compliance (tamkin-e khaas) on the realization of the crime of spousal abandonment (tark-e nafaqa) by the husband. Conclusion: The findings indicate that by invoking the principles of barā'at (presumption of innocence), tasbīb (causal liability), and iqdām (voluntary action) – which are more compatible with judicial equity and justice – it is possible to remove the criminal characterization of 'abandoning spousal maintenance (nafaqa) from certain cases of non-payment of a wife's medical expenses, thereby preventing the husband's conviction for this criminal offense.