Studying the Condition on Ability in Marriage Portion (Mahr)

The condition “on ability” is one of the common condition that enters within marriage contract in marriage portion (mahr). The direction dated 7/11/1385 related to registry organization for deeds and real estates has offered a formal appearance to this phenomenon. But it is noteworthy that there are some observations. Firstly, the identification of this title to suspension and conditional title is more manifest than comparison it to title of condition in its especial verbal meaning. Secondly, from one hand, entering it within the contract means that the promise which is arisen by the consent on marriage portion is a real obligation, and on the other, the ambiguity of the period of acquisition of ability may cause, by the beginning, some struggles and disputes, and this matter in our jurisprudential and legal literature is called “risk” (gharar) and it is forbidden. And as a result of entering “on ability” condition within contract, the specified marriage portion (mahr -al- mosamma) will be canceled.