An Investigation of the Essence and Canonicity of "Shirbahâ" in the Attitudes of Imamiyyah Jurisprudence and Statute Law

Receiving Shirbaha by spouse is one of the instances of contradiction of customs with family law in Iranian society which has led to numerous financial problems as well as manifold juridical issues for families. Thus, two necessities make the jurisprudential inquiry into the issue of Shirbahâ as a requirement: The first necessity is specifying the duty of the required person for granting and gaining Shirbahâ. The second necessity is the legalization of this issue precisely according to its jurisprudential principles. Thus, the goal of this article is not only to analyze the essence but also to express the dimensions and decrees related to Shirbahâ from the perspective of jurisprudence and statute law. Moreover, it highlights some important aspects including evidence of reference canonicity which has been neglected so far. Findings indicate that Shirbahâ is a conventional subject and in terms of essence it can be considered as a gift before the marriage. However, it is not exclusively restricted to this dimension and other forms can be assumed for it. The jurists’ point of view is that according to derivative appellation in Shirbahâ, its decree is also different. In some of these forms, the gaining is illegal and reclaimable, whereas in other forms the gaining is permissible and reclaimable. In some other forms it is permissible but not reclaimable. Indeed, there is a focus on the point that the evidence of reference canonicity in the mentioned cases are in contrast with each other. The civil law has mentioned nothing about the essence and canonicity of Shirbahâ. However, from the lawyer’s point of view, if a husband commits to grant Shirbahâ, then it is certainly claimable.