Determination of Utmost Dowry by the Wife in the Delegated Dowry

One secondary issue of marriage contract, raised as to the dowry, is “the delegated dowry” in which the bride is authorized to determine the dowry. According to juristic rules, the determined dowry cannot be more than the Traditional dowry (which is equivalent to 500 Dirhams) while according to the article 1090 of Iranian Civil Code it cannot be more than the proper dowry (mahr al-mithl). In order to solve that contradiction, two solutions can be raised: first, proper dowry cannot be more than the Traditional dowry, according to which should the delegated dowry be determined as more than the Traditional dowry it would not be operative as to the extra amount; and second, in which we believe, should the delegated dowry be determined as more than the Traditional dowry, the amount up to the Traditional dowry would be treated as the Traditional dowry and the additional amount as donation or composition