جستجوی مقالات مرتبط با کلیدواژه « dowry » در نشریات گروه « فقه و حقوق »

annulment of marriage is one of the important issues of marriage contract, which has important financial effects and consequences. The purpose of this article is to examine the legal jurisprudence of marriage dissolution and its economic effects.

The research method is descriptive and analytical and this research is theoretical. The method that has been used to collect information is library-based and it has been done by referring to international and domestic books, articles and documents.

Ethical Considerations:

 In this article, the originality of the texts, honesty and trustworthiness are observed.

Since the sacred law in not interrupting the financial relations of the couple after the dissolution of the marriage, has sought to provide the necessary benefits of the woman. Accordingly The financial relations of the couple are not only not interrupted after the dissolution of the marriage, but the main beneficiary of this survival is the wife, and the holy law has tried to ensure the necessary benefits of the women in not interrupting the financial relations of the couple after the dissolution of the marriage. On the other hand, in the case of annulment of marriage, if the marriage is annulled before intimacy, the woman is not entitled to dowry, except when the marriage is annulled due to adultery, in which case the woman is entitled to half of the dowry.

The lawgiver has not specifically paid the condition of halving property, almsgiving and alms in the dissolution of marriage with dowry, while attention to these important issues from the lawgiver's side is expected by everyone.

The sudden increase in prices, along with the relative stability of incomes, has caused new problems for many Dowry debtors, which has created new problems for the country's judicial system; Because according to the current situation, many debtors who are unable to pay the installments of Dowry, have again claimed liens and requested adjustments, and this has led to the accumulation of many cases in the courts and the increase in the number of prisoners who owe Dowry; While from the perspective of Imamiyyah jurisprudence, imprisoning a Muslim who is unable to pay his debt due to poverty has absolutely no merit. This requires that the nature of the seal and its essential difference from other debts should be carefully examined by jurisprudence. However, according to Article 22 of the Family Support Law, if the amount of the dowry at the time of the marriage is one hundred and ten coins of the full spring of freedom or its equivalent, its collection is subject to the provisions of Article 3 of the Law on the Execution of Financial Convictions, and according to the prevailing judicial practice, the burden of proof of debt is on is even This is despite the fact that according to the capacity of Imami jurisprudence, it can be proved: firstly, the dowry religion is different from other debts due to the difference of the principle of the marriage contract with other status contracts; Secondly, the requirement of the spouse's ability to pay is also a very important point that can be used in Iranian law. In this article, in which the inference method is analytical-descriptive, we have tried to use the above items to help strengthen the family and provide solutions to solve the problem of dowry cases.

Among the rights of the wife on her husband is the right to demand dowry and alimony. Alimony is one of the husband's debts, and dowry is a religious financial debt right in most cases. Sometimes, in addition to alimony and dowry, the husband has other debts that must be paid to creditors. Apart from the doubts that exist regarding the priority of alimony and dowry over other debts, it should be consider what fate do they create for the husband's financial ability for Ḥajj, because the most important condition for Ḥajj is financial ability, and one of the issues that can challenge the realization of this condition is the husband's indebtments to his wife due to dowry and alimony. Regarding the hindrance of debt from financial ability, there are several hypotheses, which are: the hindrance of debt, choice and non-hindrance, and if debt is a hindrance, either it should be said that the obligee must fulfill his debt and Ḥajj is not obligatory on him, or that in this conflict should be preceded by the one that caused it earlier. The method adopted in this research is the descriptive-analytical method, the result of which is that although the famous Imamiyyah jurists consider debt as an obstacle to the realization of one's ability, the correct theory is that one is free to choose one's debt and visit Ḥajj.

Ratifying a bill in the Judicial Commission of Islamic Consultative Assembly (Majlis) on setting registration fee of Dowry over 14 gold coins in the time of registering marriage contract (Nikah), each spouse 50% , and depositing it into the Fund of Providing Dowry for Needy Couples, has put the family law on the threshold of drastic transformation. Although this change is made to serve the legal institution of marriage and reduce the amount of dowry as well as facilitate the marriage process, but its functionality is under serious doubt and even it appears that its negative consequences far outweigh any positives. Bills ratified without considering the rights of the parties in the marriage contract not only could provide a platform for men to abuse but also create unfavorable situation for women and causes girls and women as well as men be reluctant towards the marriage compared to the past. This is the fact that women may assume that marriage not only limit their freedoms, but also their life could also be faced with financial and economic threats. Thus, they gain fewer financial benefits in their common life and in order to get rid of a wrong and unsuitable marriage, they must sacrifice their ownership and sustainheavy and unfair costs. Therefore, it is highly recommended for new bills, while holding a compressive approach towards liberty and contractual rights, to provide the goals of the legal system and secure the rights of both parties. Consequently, the current study by descriptive- analytic approach and by collecting data from the library sources, while attempts to survey the fundamental and legal aspects of this bill, also provides solutions and suggestions with the view on the couple's legal system of in France.

Preparation of essentials for common life is one of the legal duties of man; However, in some regions, according to the custom, dowry is provided by the wife. Meanwhile, the man prepares a few items of necessary accessories for common life, which usually have significant material value, to be included in the list of dowry and along with the other items, is sent to the common house. In custom, such items are called Shirbaha. In the dowry restitution lawsuit, the court will face the challenging question of who is considered the owner of this property? The answer to the question depends on the explanation of the nature of the agreement. There is a difference regarding the nature of the Shirbaha from a jurisprudential and legal point of view. Some have interpreted it in the form of specific contracts such as gift, granted and peace, and others consider it in the form of a private agreement. A group has also interpreted its nature as a condition in the contract as well as an obligation for the benefit of a third party. These disputes have also affected the judicial procedure. Referring to the formats which is mentioned and according to the interpretation of the permissibility or necessity of the Shirbaha, some jurists consider these items to belong to the husband and some others to the wife. This research shows that the above- mentioned formats have obvious distinctions with the Shirbaha despite having some proportion. The Shirbaha has a special nature that according to its characteristics and the silence of the law, custom determines the scope of its effects.

Many rights and duties have been existed before Islam, and the legislator has confirmed them. Financial rights of men and women are also among the things that have been approved by the legislator, and the certain limits have been determined and decrees have been issued for each of them. Since rulings are subject to interest and corruption, and these matters are also assigned to topics; Therefore, the temporal and spatial conditions and lifestyles are affected to their changes and create the possibility of changes in rulings. Some of the financial rights of men and women that have been examined in this article are included: the topics of blood price, dowry, alimony and permission in financial possessions. In this research, an attempt is made to investigate the Shari'a rulings related to the financial rights of men and women with a descriptive-analytical method. That the financial rights of men and women are religious or subject to temporary variables, that the effect of time and place on women's financial rights and that the financial rights of men and women in Islam are compatible with the expediency of women today, in a way that is more compatible with justice and causes more protection for women's rights be made with the results obtained from this research, it is possible to consider rulings on the equal enjoyment of financial rights for women; Including equality in the price of blood on the soul and organs, having alimony commensurate with the dignity of women considering the progress of today's life, not paying excess dowry in divorce`s khol`a and also not requiring permission in financial seizures considering the financial independence that women have at the present time.

In permanent marriage, wherein the dowry of wife is defined as a specific and non-transferrable immovable property, and after the death of husband, it is discovered that the dowry belongs to another person, making a substitute for the dowry is put on the deceased's heirs. However, uncertainties regarding the valuation of the property and the extent of recoverable damages, such as issues pertaining to the time of property valuation and the possibility of claiming damages resulting from devaluation emerge. The current research, following the silence of Iranian lawmaker, by virtue of jurisprudential texts and using an analytical-descriptive method scrutinizes the aforementioned matters. A comparative study of the aspects and consequences of the subject based on the foundations and rulings of similar matters such as responsibility against non-belonging of subject matter or price of contract and unauthorized contracts, and taking into account other jurisprudential and legal instruments, it is concluded that the day on which the husband becomes debtor for the dowry substitute coincidences with the day on which the real owner of the property does not affirm the allocation of the property to the wife. Concerning the possibility of seeking compensation by wife, in cases where the due date is different from the date on which the husband became debtor accompanied by devaluation, only damages incurred by the wife will be recoverable in accordance with Articles 515 and 522 of the Code of Civil Procedure and are limited to those losses sustained during the husband's lifetime.

AbstractDowry is a contract. This contract is set out in Islam as a contract to be considered a gift from a couple to a wife. A large number of gold coins as dowry has become commonplace in Iran in recent years. This, in the event of a sudden fluctuation in the price of the coin in the short run, imposes a multiple equity obligation that is undoubtedly inconsistent with the contractual intention and contrary to the contractual intent. On the other hand, it has somehow triggered a cultural event, resulting from this phenomenon of unpleasant cultural consequences and the economic outlook on marriage and the marginalization of marriage philosophy based on the spiritual-emotional view and the subordination of spiritual attributes. Also, this phenomenon in Iran's current economic situation is one of the factors that increases the price of coins and gold in the Iranian market. In this unfavorable economic situation, the wife seizes the husband's property and economic capital to receive from that her dowry. It causes it to be shut down as part of the economic activity of society and this disrupts the public order of society. Solutions such as paired Commitment to the usual price fluctuation, the prohibition on coins being stamped highlights the need for appropriate legislation in this regard as the basis.

The code of “implementation way of monetary convictions enacted in 1377” in a stringent policy imposed the assumption on debtor’s solvency except proving insolvency. In order to that policy, in all kinds of debts, this code sanctioned the detention against the debtor as he refused to pay off the debt. Pursuant to the aforementioned, the code of “family protection enacted in 1391” in its article 22 adjusted that regulation about dowry claim. According to this article only the demand for to amount of 110 golds or the amount of dowries that equals 110 golds was included by the general system of the code of 1377 and the amount of dowry that is upper than what was mentioned was excluded from that general system. Ratification of “I.W.O.M.C enacted in 1394” and the explicit revocation of “I.W.O.M.C enacted in 1377” institutes a new system. This new system consists of the segregation between the debts that are preceded by acquiring property and the preliminary debts. The new system has reversed the burden of proof about the recent kind, in a way that about this kind, it has imposed the assumption on the debtor’s insolvency. Also, about the preliminary debts, according to this code, the sanction of detention is providing the proof of debtor’s solvency. By the ratification of this new system, permanence of the particular provision that is embodied in article 22 of the code of 1377, became vague.

Dowry or Sadaq is a financial obligation that a couple is obliged to pay when the marriage contract takes place. He is also obliged to pay it every time the woman demands after the marriage. Having property, being able to acquire the dowry by a woman, being known, having a legitimate rational interest and being surrenderable are the conditions of the dowry based on articles 1078 to 1080 and other articles of the Civil Code. In this article, the author discusses five types of dowry (gold coin, cash, dowry, pilgrimages and flowers) and states that regarding the gold coin, its amount is determined by asking the gold and jewelry union. In the case of cash, its amount is calculated in proportion to the change in the annual price index of the time of payment compared to the year of the contract execution, which is determined by the central bank, unless the couple has agreed otherwise during the execution of the contract, regarding the dowry by referring to an official expert. Its value is determined. In regards to pilgrimages (Hajj and Karbala, etc.), inquiries are made to the organization of Hajj and pilgrimage, and regarding flowers to the florists' union.

The possibility of using criminal tools in legal affairs is a matter of dispute between jurists. If a person is accused of committing a crime, the possibility of his arrest has been accepted in some cases, but the use of such punitive measures in legal matters requires the examination of its authorization or prohibition from a jurisprudential and legal perspective. The conflict of rights between creditors and debtors has led to disagreements in this regard. Considering that the principle in initial treatment of individuals is that their actions are based on integrity and innocence, it seems that if the debtor claims insolvency, it will not be possible to detain him until the truth or falsity of his claim is proven. Imami and Sunni jurists have also examined this matter- an examination of the evidence of their rulings will also demonstrate that it is not possible to order the arrest of a debtor claiming insolvency. In this article, the correct ruling in this case will be determined through the epistemology of this important point of view from perspectives of the jurists of both sects and judging the proposed opinions. Noting the correct theory in jurisprudence, we will provide a detail interpretation of the relevant laws applicable to the debtor claiming insolvency.

The possibility of using criminal tools in legal affairs is a matter of dispute between jurists. If a person is accused of committing a crime, the possibility of his arrest has been accepted in some cases, but the use of such punitive measures in legal matters requires the examination of its authorization or prohibition from a jurisprudential and legal perspective. The conflict of rights between creditors and debtors has led to disagreements in this regard. Considering that the principle in initial treatment of individuals is that their actions are based on integrity and innocence, it seems that if the debtor claims insolvency, it will not be possible to detain him until the truth or falsity of his claim is proven. Imami and Sunni jurists have also examined this matter- an examination of the evidence of their rulings will also demonstrate that it is not possible to order the arrest of a debtor claiming insolvency. In this article, the correct ruling in this case will be determined through the epistemology of this important point of view from perspectives of the jurists of both sects and judging the proposed opinions. Noting the correct theory in jurisprudence, we will provide a detail interpretation of the relevant laws applicable to the debtor claiming insolvency.

Under Articles 1121, 1122, and 1128 of the Civil Code, the legislature has granted the wife the right to terminate the marriage. This is to prevent harm to her. Assuming that the reason for the termination is attributable to the husband (such as castration, micropenis, misrepresentation, and violation of the condition of the adjective), although the termination is done by the wife, her ineligibility for dowry on the one hand and non-compensation of material and spiritual losses is unfair. On the other hand, the wife should be compensated for damages, especially in cases where marriage is terminated before consummation. It would seem that granting a "right to termination" should not be sufficient as the only sanction, and at the same time, financial support should also be provided to compensate for the material and moral losses associated with divorce. However, under the law, in case of termination before consummation, no dowry is given to the wife except impotence. Therefore, it is necessary to review Article 1101 of the Civil Code. The current study examines other cases of dissolution of marriage before consummation and the wife's right to at least half of the dowry in them. It is believed that the entire dowry is not just against intercourse and some of it is against the marriage contract. Moreover, according to the discussion of civil liability, the wife is presumed to suffer damages; Therefore, compensation is necessary.

Adjustment and updating the value of dowry is one of the important issues that is discussed from a jurisprudential point of view. This article tries to examine the important approach of jurisprudence in this regard and how it can be evaluated from the economic point of view of dowry adjustment.

The present type of research is theoretical and the research method is descriptive-analytical and the method of collecting information is library which has been studied by referring to books and articles.

The findings indicate that from a jurisprudential point of view, Adjustment and updating the dowry is a matter of controversy; Some believe that it is possible to adjust the dowry based on the devaluation of money, and some other jurists do not allow the adjustment of the dowry under their definition of money. Among the jurisprudential rules, the rule of deducting a certain obligation, more than any other rule and theory, explains the modification and improvement of dowry. From a legal point of view, however, the dowry adjustment is accepted, and if the subject of the dowry is cash, the wife can request pricing or a calendar at the current rate, as the cash loses its value over time.

In different stages of writing the article, ethical and scientific principles have been observed.

The most important economic dimension of dowry adjustment is economic fluctuations and a sharp decline in the value of money in society, which has made dowry.

The requirement of marriage contract and its importance causes that its dissolution limits to specific cases and its annulment is not possible for occasion or occasions and it is not dependent on couple’s will. Involuntary termination is one of dissolution of marriage and of its occasions is apostasy (Arabic: ارتداد irtidad). The state of dowry (Arabic: مهر mahr) is one of the important issue in the dissolution of marriage for one of the parties’ apostasy that it has not been mentioned in the rules of Iran. And the judges and law scholars must refer to the opinions of the Islamic jurists to obtain the verdict of issue. The inexplicitness of the legislature to state the verdict of the issue and the disharmony of the jurists’ opinions with considering different assumptions of the problem, it is necessary to be made research to answer this question what the duty relating to dowry is at the circumstance of the apostasy of one of parties in Iranian legal system and Shia fiqh. It was studied this subject through a descriptive-exploratory research. Findings show that at the lack of stating the verdict of the issue by the legislature it should be refer to the jurists’ opinions. At the study of the jurists’ opinions it was revealed that according to different aspects of the issue it has been presented different attitudes that the present pater has attempted to examine the opinions and criteria and verdict of the issue in different circumstances.

This article with the aim of identifying and recognizing the possibility of modifying women's rights and the position of the rule of Ṭanqihe Manat (rectifying the effective cause and Elghȃe Khoṣuṣiyyat (abolishing the specificity) in modifying women's legal differences, is examined the jurisprudential documents of dowry adjustment and the dowry adjustment, which has been accepted and documented by the dominant statement in Iranian jurisprudence and law, and a criterion is considered that the Ṭanqihe Manat and Elghȃe Khoṣuṣiyyat in its documents can result in the possibility of adjustment in women's legal differences. This article by descriptive-analytical method and with documentary-library manner is studying the possibility of modifying other women's legal differences by using the rules of Ṭanqihe Manat and Elghȃe Khoṣuṣiyyat and its research community is the sources of jurisprudence and the law and principles of jurisprudence. The main issue is whether the documents cited in the dowry adjustment are specific to the dowry or whether they are general, and these arguments can be used in other legal differences between men and women? Documents for adjusting dowry include the rule of La Zarar(no- harm), La Ḥaraj (no- embarrassment), Ghabn e Ḥadeth (loss occurring), implicit condition, survival originality, priority analogy, adding to the content of the contract (marriage) which is examined from the point of view of Ṭanqihe Manat and the principle of accepting the women's legal differences is proved from the perspective of jurisprudential documents and it was concluded that it is possible to modify women's legal differences in Islamic law, especially material rights by Ṭanqihe Manat and Elghȃe Khoṣuṣiyyat.

In marriage contract, the couples, like the other two parties in contracts, can make their wishes such a condition and increase the degree of desirability of this contract to some extent; But, in the cases of the correct conditions during the marriage, there is disagreement and the condition of the wife's not expelling from her Balad is also one of these different conditions; It is obvious that in the mentioned condition, the condition is in favor of the wife and against the husband. There has been disagreement among jurists as to the validity or invalidity of the said condition; even among jurists; Some believe in the invalidity of the condition and others believe in its validity; In this article, we study the opinions and theories related to the condition of the wife's not expelling from her Balad and its subdivisions (including the condition of the wife's not expelling from home, drop the condition, the relationship between the condition of the wife's not expelling from Balad and the amount of her dowry).Finally, based on jurisprudential and legal opinions and critique of each of the proposed views, the validity of this condition is concluded. It should be noted that this article is an applied article based on its purpose and is descriptive-analytical based on its nature and method.

A comparative study of the family law in Islamic countries such as Iran and Egypt, considering the differences between religions, is necessary to obtain the links and differences that exist to achieve the best rules in the current era and can prevent the penetration of abnormal Western rules in Islamic countries. Dowry is one of the important issues of family law that it's significant cannot be ignored in society, and it should be carefully addressed and its rulings examined. One of the cases that can be studied in this field is the study of the necessary conditions for dowry and its payment. In this research, we evaluated it in Iranian law, which is based on Imami jurisprudence, and Egyptian law, which is in accordance with Hanafi jurisprudence, to determine its dimensions. By studying jurisprudence and the laws in the rules of these two countries, the aim of this study is to find out what are the conditions of the dowry payment and whether it is possible to pay it in current rate in Iran and Egypt according to the legal principles of these countries and accepted jurisprudential teachings. What are its conditions and what are its differences and similarities? By examining the various reasons, it seems that we should accept the dowry payment based on current rate in Iranian and Egyptian laws despite the similarities and differences which is existed in them. Although in Egyptian laws unlike the Iranian laws have not explicitly mentioned in it, but for some reason it can be discussed.

The wife as the owner of the dowry can take possession of her property. One of these possessions entails to waive her dowry right and grant it to her husband in various ways. In this article, we discuss the various formats that the wife can waive dowry and study the possibility and impossibility of referring in each of those formats. Due to the lack of a clear boundary in distinguishing these patterns from each other and the lack of familiarity of people with jurisprudential-legal terms, the proof of some cases occurred in the world that make it difficult to distinguish the type of legal action taken. This article attempts to provide the instruments for interpreting the nature of legal action that has taken place. As well as, due to the insufficient determination of these instruments, it is recommended that the legislature intervene and introduce the necessary instruments in this regard. Also, it is suggested to the legislature to pay attention to the function of the contract and its subject as usable instruments.

The wife has several rights in the relationship with the husband. Some of these rights are called financial and economic rights. The wife's economic rights include dowry, alimony, retribution. The main purpose of this article is to examine the guarantee of criminal implementation of the wife's economic rights.

This is a leading descriptive-analytical article using a library method.Ethical considerations: In different stages of writing the article, ethical and scientific principles have been observed, including the scientific and accurate use of scientific resources.

Not all cases of wife's economic rights have a criminal guarantee. The use of criminal guarantees in couples' relationships is not very compatible with the foundation and philosophy of family and marriage, legislator's approach in this regard is minimal.

Regarding the economic rights of the wife, only the dowry and alimony of the criminal guarantee are provided. Regarding the dowry, with the issuance of the recent directive of the Judiciary, which has restricted the execution of imprisonment sentences for non-payment of dowry, the criminal guarantee has been practically abolished. The legislature has also set a penal guarantee for imprisonment for alimony, but the fact of the matter is that the punishment of imprisonment for leaving alms does not affect the wife's condition. Therefore, instead of imprisonment, it is better to consider other punishments, such as being sentenced to forced labor in certain centers and paying its wages to the convict.