Hardship Resulting From Exercise of Right of Lien

The wife's right of lien according to article 108 5 of civil code, and precedent voting No. 1182/13/1390 of general board stipulate when dowry is on demand, the wife can exercise her rights and not respond to her husband's demand until marriage portion is paid to her. The above mentioned rights which are based on the opinion of famous Imamieh jurisprudence is a controversial issue. The present study is an attempt to bring to focus the right of lien. Accordingly when dowry is on demand and the husband due to his insolvency, has to pay marriage portion in installments over a period of time, but is still deprived of his marital rights. Attempts have been made to clarify that when the insolvency of the husband is clear to the wife at the time of marriage, this matter implicitly waivers the right of lien from the wife. Moreover if the wife is unwise about her husband's insolvency at the time of marriage contract and when the dowry is on demand, being a reasonable amount, the dowry is considered a debt against the husband. Therefore it waivers the right of lien after the payment of the first installment, in case the wife admits the proof of the husband's insolvency.