Considering the Juridical Commands of Debtors of Marriage Portion

Monetary debts in jurisprudence have several commandments that some of them are disputable in view of jurisprudents. For example necessity of paying debt in the case of financial ability and necessity of granting respite to him in the case of insolvency and prohibition of severity about him and his imprisonment are the commands that Muslim jurisprudents are in agreement about them, but there are issues like necessity of doing business for paying debt and the degree of influence of individuals’ rank in exceptional debts are some of challenging and disputing issues. Although the marriage portion is a kind of debt and has the orders of other debts, it differs from others in some issues. What come in this article are considering the juridical evidences of the commandments of the debts in their different stages, analyzing the cases in question as well as some special commands of debtors of marriage portion and criticizinggather together has a solid reasoning, even though the most of lawyers and judicial procedure tend to legal famous view. However, there is dispute about the influence permission of the mortgaged and the famous view regards it as the waiver. But in spite of the permission or confirming of the mortgaged, it seems that remaining of the right is preferred except cases that permission denotes that the mortgaged has intended to waive his right.