جستجوی مقالات مرتبط با کلیدواژه « Dowry » در نشریات گروه « علوم اجتماعی »

In today's society, it is customary to put the wife's dowry as a coin, and sometimes the wife gives a coin to the husband after the marriage contract, and in some cases, she intends to return it after the gift. The current research has been done in an analytical-documentary manner with the purpose of answering the question of what is the legal status of the said act and whether it is permissible to refer to it or not. With the conducted investigations, no study or research was found that investigated the present issue. To this end, all scientific written sources on this topic were examined and it was determined that the problem of the present research is the debate between jurists and jurists. One group believes in its invalidity and considers the performed legal act as abhorrent and burdens its effects. The other group accepts its realization in the form of gift marriage, which has different effects on both opinions. The results of the review, analysis and evaluation of the views and opinions are that the donation of coins is correct and the arguments of those who argue against it have fundamental problems. Regarding the possibility of referring to it, by explaining the dispute in the judicial procedure and by analyzing the bases, the conclusion was reached that due to the loss of the gifted property, it is not possible to refer to the donation.

A better understanding of the relationship between dowry and women's perceived beauty is of great importance in achieving practical solutions for promoting women's rights and reducing gender discrimination. Therefore, examining women's attitudes about the impact of dowry on their perceived beauty in married life provides important approaches for taking preventive measures. The aim of this study is to identify the factors affecting women's attitudes towards the relationship between dowry and perceived beauty.

This study was conducted using the Q method, and all married female students of Zabol University were considered as the statistical population. 30 students were selected as the sample size. 28 factor arrays were provided to the participants, along with a Q diagram, using 28 question cards for each participant, in which they marked their level of agreement or disagreement with each proposition. The reliability of the Q table was calculated as 73%. Factor analysis was used to analyze the data.

The results of factor analysis showed that there is a significant relationship between dowry and women's perceived beauty. The instrumental approach to dowry, cultural differences in determining and receiving dowry, the inability of men to pay dowry, and the linkage of dowry with the status and position of women are among the most important factors that can play a stimulating role in women's perceived beauty.Keywords: Dowry, Women's perceived beauty, Attitude measurement, Factor analysis, Q method.

Mehr al-Mazl is a financial measure that is proved for the woman in cases such as marriage without specifying the dowry (depending on the situation), the relationship caused by doubt. The civil law is silent about the maximum allowed amount in determining this seal. It may be said that due to the fact that the legislator did not mention the limit of mehr al-mathl, the principle is that there is no limit. While the basis of this discussion is in jurisprudence. When referring to the fatwas of the jurists, it can be seen that there is a difference of opinion among the jurists in this field. Some believe in not determining the limit, some believe in detail, and a group like famous jurists and some contemporaries like Imam believe that Mehr al-Mathl should not exceed the amount of Mehr al-Sunnah. Considering that according to Article 167 of the Constitution, in cases of silence of the law, it is necessary to refer to the valid fatwas of jurists, this idea is created that a limit should be set for the mehr al-mathl in law and more than the mehr al-sane should be returned to the couple. This research, using the library method and descriptively and analytically, examines the opinions of determining the limit for Mehr al-Mazl, and finally, the opinion of not determining the limit is accepted and it is suggested to clarify this issue in the text of the law.

Investigating the relationship between law and society has always attracted the attention of researchers in the field of social sciences. Meanwhile, legal anthropology seeks to realize this importance and discover the legal mechanisms in the relationships between people, and in fact, the process of legal-judicialization in the culture of each Society investigates because rights play a very important role in organizing and regulating social relations between members of a social group. However, one of the main issues that can be raised in relation to legal anthropology in Iran is the issue of custom. This article aims to investigate the role and impact of custom in the filing of judicial cases, focusing on the prisoners of non-intentional crimes, for this purpose, a number of cases of Diyeh Headquarters have been examined in terms of the traces of custom, and interviews with 10 judges and lawyers in this regard. According to the results of this survey, issues such as abuse of trust between people, ignorance of the law, and criminalizations that are carried out in relation to some customs and traditions between ethnic groups, are among the most important customary axes of the judicial cases of prisoners of crimes. It is unintentional. Also, the issue of contracts between parties that have customary validity is considered one of the troublesome legal problems.

The prevalence of Corona Virus has affected various aspects of peoples lives. For example, in the field of fulfilment of obligations, such as fulfilling the obligation related to dowry, issues are raised. According to the existing general rules, if it is not possible to fulfil the obligation and also, The seizure of property was not possible, The creditor can request the imprisonment of the debtor. In return He can claim for insolvency. As the same way, The wife can ask the court to imprison the husband who refuses to fulfil his obligation.In these cases, the burden of proving insolvency is not on the husband unless their financial ability is already proven.The main question in this article is that if we can consider the current unfavourable situation created by corona as a judicial reason and in this way, we can remove the proof of insolvency from the husbands. The answer will be yes and it is compatible with jurisprudential and moral principles.

The couple has not discussed the secret agreement between the dowry of the civil law and the family protection law and its effects.This casts doubt on its validity, whether the secret agreement to the contract announced between the parties as well as to third parties can be invoked and valid? On the one hand, between the parties regarding the validity of the secret agreement, despite the announced contract, on the other hand, the citation of this secret agreement against third parties should be distinguished. Although there is no such thing as a dowry in French law, secret contracts are not acceptable under a specific formal contract or against third parties. However, in jurisprudence, the divergence of opinions is also evident and the tendency to validate a secret contract is in the relations between the parties. However, permission to prove a secret agreement regarding the dowry to one of the parties to the contract against the other and also against third parties will have a corrupt consequence, which will cause serious damage to the family foundation and the country's registration system due to neglect The validity of the official marriage document is damaged.

Demanding dowry by the wife and the husband’s inability or insolvency to pay it is among the most frequent lawsuits in family courts. In such lawsuits, the wife refuses to perform marital duties in order to enforce the dowry, and even proving the husband’s insolvency does not invalidate her right. Such lawsuits undermine the foundation of the family, and the solution lies in the accountability of the state (government). State’s financial support for debtors is a religious obligation in Islamic jurisprudence. According to the Holy Qur’an and authentic narratives, the state should assist eligible debtors and help them with money from the treasury. The application of the reasons for the necessity of paying off debtors’ debts also includes dowry debtors, and there is no valid reason for excluding dowry from this general principle. Besides, the principle of family strength in the Islamic and Iranian legal systems requires that dowry debtors be supported. Despite the significance of this issue, in the Iranian legal system, no efficacious protection mechanism has been devised to support those who are unable to pay the dowry. The investigations of this study indicates that in the Iranian legal system, the religious responsibility of the state in supporting dowry debtors has been neglected.

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.

mentioned twice in Holy Quran, husband should not pressure on his wife to restore all or part of dowry or to get khul' divorce. According to the verse 4: 19: ‘And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality’ putting pressure on wife by husband to take back dower or to get divorce is forbidden, but the case of committing to obvious immorality is excluded from this rule. What is the meaning of obvious immorality in the verse and whether it can be extended to all the illegitimate affairs of wife is a controversial issue. The Prohibition of pressure on wife and illicit assignment of property are among the reasons for limiting the exception (the case of committing to obvious immorality) to certainty; i.e.the case should be verified in a certain way

Dowry or mahr one of the financial effects of marriage that couples are required to pay it. High dowry payments and the subsequent imprisonment of many problems facing society and the families of the couple.
One of the ways to avoid the dowries of the Organization for Registration of Deeds and Property has been proposed, accepting bets l possible for dowry by couples without specifying when to afford and to delay the possibility of demanding dowry from his wife until afford couples are Some experts believe that this will lead to ignorance of the dowry and thus proving its invalidity seal is saying but I believe that if the possible means and invalidity term of dowry is not to cause Gharar In addition, the affirmation of some of the scholars Mahr's ignorance regarding the nature of marriage that is not based on the mere exchange, nullifies have not dowry. However, if the condition of the power and ability to pay dowry to the wife by the husband literally dowry does not cause a problem, but virtually no other benefit other than the imposition of administrative burden on his wife and challenges for the wife of executive and social have been pursued.

Commutative contract is agreement where, firstly, there is reciprocal status between parties obligations. Secondly, obligation of subject matter of this contract has a financial aspect. By contrast, non-commutative contract address the agreement without any exchange. Hence at this contracts, there isn’t pose the rules based on reciprocality. Dowry is one of the most significant part of marrige that its financial aspect and some governing rules of commutative contracts on marriage especially wife right to retention have pose some question on commutative or noncommutatie natue of marriage. This was more important when supreme court in decree number 708 held that rule to instalment is not amount to reject of retention right. This reaserch aim to analyse with descriptive and analytic method, status of dowry in marriage and its effects and then assess jurisprudencial and legal validity of supreme court rule. In a sum, it can be said that although dowry have a financial aspen, but in the terms of other rules, dowry don’t transform nature of marriage from non-commutative to commutative contract.

The issue of the look at a non-Mahram with the aim of marriage is different from the prohibition of the look at a non-Mahram. Regarding the prior importance of the look for marrying, the purpose of this research is to investigate the judicial limits of the look at a non-Mahram with the aim of marriage, its reason, and ambiguous cases of this issue. The following questions also have been answered: what are the limits of allowable look? Does the permission of the look depend whether the proposer first does elementary searches about the girl and like her from all aspects or he can judicially have a look at her before doing searches? Are boys permitted to have a look at many girls in order to choose a girl with the aim of marriage? What is the reason the look at a non-Mahram is permitted with the aim of marriage? This analytical-descriptive research concludes that the proposer is permitted to have a look at the girl›s face and two hands, hair, and even body over her clothes and just the aim of marriage will not be enough to have the permission of the look at many girls. In addition, reasons for the permission of the look are the followings: not to harm men in paying the dowry, and to marry consciously in order to form a stable family on the basis of love and affection.

Most jurists believe that the wife upon marriage, is the owner of dowry and she is allowed to seal all types of dispossession. But sometimes the wife doesn’t receive her dowry; now the problem is that whether she is allowed any possession when she has not obtained her dowry? This problem has been proposed in juridical books, and the issue led to the assumption of some jurists citing reasons to her unjustifiability of possessions. This investigation has been done for the purpose of clarifying and reviewing the mentioned issue.
The authors of the study, using descriptive and analyzing methods, and research on the terms used by jurists and their reasons and after categorizing all kinds of wife possessions in dowry, found the generalizations of this claim unwarranted and only in “EYNI” contracts that one of the sides of contract is not the husband, that the wife is allowed to take the dowry. But in wife’s absolute possessions to husband as well as non- “EYNI contracts” in relation to the person which is not her husband, taking dowry has no role and her possession is allowed. The reasons for this issue are initial regulations and general reasons for optionality of owner possession in her/his assets and specialist out of the failure to receive a dowry from reasons of interdiction of owner from possession before taking that asset.

The dowry، as one of a wife’s financial rights، has an important place in Islam. The Holy Quran refers to this notion by using words such as sidaq and nihlah، which highlight a husband’s sincerity in making the marriage vow. In the Shia jurisprudence and also in Iran’s civil law، no limit has been set for the maximum amount that a wife’s dowry can have، leaving the amount to the couple’s agreement. Recent changes in the system of values، norms and beliefs have resulted in the dowry losing its original function and becoming excessively large. The increase in the amount of dowry has created functional and other problems in the family and the society. The main question addressed in the present paper is as to the place of a large dowry in the teachings of the religion. The study shows that، although no limit is set for the maximum amount of a wife’s dowry، a large dowry is considered as a disfavored matter. The reason for this disfavor is probably the adverse social consequences that large dowries bring to the person and the society. Islamic jurists have encouraged Muslims to prefer small dowries and to avoid demanding large dowries. The paper also suggests a number of ways for confronting and overcoming the problem.

The present study is to investigate the effective factors of increasing the amount of the dowry, the way of its emergence in past civilization and its implication in the Islamic society of Iran. The determination and payment of the dowry cause the growth in marital loyalty (consistency), the trust of the couple toward each other, promotion of self-esteem of women, to some extent the controlling of divorce, the women’s self-confidence and also to control and decrease the diverse rationed men’s inclinations and desires toward other women. They are considered as a financial support for the divorced women that consequently make them socially and psychologically secure. On the other hand, in addition to the positive implication of the dowry in the society, this research investigates the negative social implication of the amount increase of the dowry in the society including the decrease in the social trust, the increase in the amount of dowry for competition with other people and envy, the unlimited boundary of the amount of dowry, the increase of old marital age, decrease of marriage rate, and finally the obligatory tolerance of artificial and fake build lives. Accordingly to the objectiveness of this study, we made use of exchange and practice based theory in order to analyze dowry from a sociological and anthropological aspect. And we also attempted to examine and explain the dowry in Iran from legal- religious and social point of view and it emphases this point that dowry is counted as a genuine right which nobody has not the right to limit it for that is grunted by Allah to women from the genesis.

This article deals with moral value as one of the formal elements of the rules of family law. Through expressing the concept of moral values، bases of Islamic Law and discovering its causes، this study considers moral values as one of the bases of Islamic، and especially the family law. In this respect، three cases of parity، dowry and alimony have been studied. Human rationality recognizes the relationship between the human nature as basics in creating matrimonial relations، and the moral values، of human nature tendencies also as basis. This reasoning’s discovery also exists for concepts of dowry and alimony. The perfection of moral values is the reason (base) for the establishment of family (matrimonial relations)، husband’s generosity and giving a present، (which is a moral value،) is the base of dowry، and the base of alimony is also a moral value (self devotion and nourishing).

After the social and feministic developments under the rubric of the equality of the rights of men and women and the eradication of discrimination between them, new laws passed in the Western countries in the recent decades. It was expected that these laws would improve women’s economical rights in family, but the constant modifications of these laws show that they could not meet women’s real needs yet. On the other hand, Islamic jurisprudential laws, for centuries, have considered women independent in the ownership of what they gain themselves, with the spouse being obliged to provide his wife with her needs under moral principles. This paper is a brief comparative study of women-related economic laws such as alimony, dowry, and inheritance in Iran and England. The paper ends in some suggestions in this regard.

In the Islamic family law system, dowry [Mehriyyeh] is one of the financial rights of women’s in marriage. Providing a literal definition of dowry, the paper states that the payment of dowry or something similar is an old tradition in the different family law systems of ancient civilizations. The social functions of dowry, such as satisfying the natural need, social security, guaranteeing the future, and the symbolic value are also brought into consideration. In addition, the paper adds that although keeping the amount of dowry at a low level is advised by religious authorities, high dowry is increasingly demanded _ a situation which has dire consequences such as a change in the manner of spouse selection, leading to animosity, the probability of abuse, and similar aftermaths. Finally, the writer proposes suggestions for controlling the tendency toward demanding high dowry in Iran.

The constitution of the Islamic Republic of Iran has obligated the legislator to codify or improve laws and regulations to ease family formation and to guard the territory, sanctity, and stability of the relationship among family members. To attain this holly goal, family laws have undergone tremendous changes after the Islamic Revolution. This paper evaluates the family laws related to economic rights of the wife, such as dowry, alimony, fair equivalent, bridal gift to explain the efficiency of the changes, which have been done to attain the above-mentioned goals, emphasizing the statistics of the existing situation and mentioning the existing legal vacuums. This study showed that there is no relationship between the increasing of divorce rate and granting economic rights to women. In addition, women do not achieve their economic rights in the majority of cases and, as a result, have to surrender, and resort to divorce for separating.