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Sultanzai B. The Criminal Offense of Failure to Provide Maintenance in the Legal System of Afghanistan with a Comparative View of Iranian Law. SRQJL 2026; 3 (3) :224-255
URL: http://srqjl.knu.edu.af/article-1-124-en.html

The criminal offense of failure to provide maintenance (nafaqa) to a spouse or relatives constitutes one of the central issues in family criminal law, and the conditions for its commission vary in the legal systems of Afghanistan and Iran depending on the conduct of the offender. Accordingly, this study examines and analyzes the offense of failure to provide maintenance in the Afghan legal system with a comparative perspective on Iranian law, aiming to precisely clarify the foundations of criminalization, the constitutive elements of the offense, and the scope of the offender’s criminal liability regarding the maintenance of a spouse and relatives. The research method employed is descriptive–analytical.
According to the findings of this study, the Afghan legislative system conditions the realization of the offense of failure to provide maintenance upon the fulfillment of certain preliminary requirements, including the establishment of a legal obligation to pay maintenance through a decision issued by a competent authority, and the verification of the offender’s intentional refusal after the means for fulfilling the obligation have been made available. In contrast, the Iranian legislative system defines the criterion for the realization of this offense as the mere refusal to perform the legal duty of paying maintenance, provided that the financial ability of the obligated person is established, without requiring any prior procedural formalities. This approach reflects an expansion of the scope of criminal protection afforded to the family institution.
An analysis of the legislative provisions indicates that the absence of a clearly defined timeframe for fulfilling the maintenance obligation in Iranian law has created ambiguity in establishing the elements of the offense, particularly in cases involving short-term delays in payment or partial payment of maintenance. This ambiguity may lead to divergent interpretations within judicial practice.
The results of this study demonstrate that a precise articulation of the elements of this offense and the development of clear criteria for determining the extent of the obligation and the manner of its fulfillment can reduce interpretive inconsistencies and promote coherence in judicial practice within both legal systems. This research seeks to provide a coherent and scholarly framework that facilitates a deeper understanding and more effective application of the legal provisions governing the offense of failure to provide maintenance.