فهرست مطالب mohammad bagher narimani

According to the verses of the Holy Qur'an, humans are equal and the criterion of their superiority is piety, not gender and financial conditions, based on this, because in the religion of Islam, the burden of family responsibility and economy is placed on the man, his dowry is more than that of a woman. However, with the passage of time and changing societies, the roles of men and women have been accompanied by changes. In our society, there are women who bear the economic burden of the family alone and are idols in war with every problem. For this reason, since the female heads of the family, in addition to the role of wife and mother, are obliged to fulfill the economic needs of the family, it seems that their dowry should be equal to that of men. The aim of this research will be to re-examine the dowry of female heads of the household with an emphasis on Quranic verses. This research examines the concept and nature of dowry in the law of Iran and Iraq, because the law of dowry is obsolete in Turkey. According to the acceptance of some verses and opinions of eminent authorities, the best view about the nature of dowry is its duality and hybrid theory, which responds to challenges such as the possibility of claiming damages in excess of dowry. Also, if the dowry is sufficient, it will not be possible to demand more than the dowry. In case of damage that exceeds the amount of payment, damages can be claimed by referring to the rules of civil liability. Finally, the position of Iran and Iraq regarding the nature of dowry in Islamic penal laws shows the choice of criminal and punitive nature of dowry.

One of the controversial issues in today's society, regarding criminal laws, is the issue of dowry. Diyeh is a financial ransom that is required according to the element of crimes against the self and others. The nature of diya is different among jurists and legal scholars. A group of scholars and jurists consider its nature to be a mere punishment, and another group considers it to be a compensation for damages. In Turkish law, the law and penalty of dowry has been removed for many years. But in Iran and Iraq law, the nature of dowry is considered as punishment. The purpose of writing this research is to analyze the juridical and legal nature of dowry in the three countries of Iran, Iraq and Turkey, whether the nature of dowry is punishment or compensation. The research method is that the data used for this writing was collected through the library method and analyzed in a descriptive and analytical way. The current research is responsible for answering the question that the nature of money in the three mentioned countries is punishment or compensation? Also, considering the fact that dowry is punishable in the law, can this point of view be responsible for the damage caused by the excess of dowry, in line with the realization of justice? The result is that the mere punishment of paying the money is not the answer to the challenges and legal problems ahead. What if the legal gap leads to the increasing number of legal cases in the courts. Therefore, it is good for the Iranian legislator to predict the damages in the form of independent damages, taking into account the opinions of jurists and legal scholars, in order to increase the scope of justice in the society.