Implied Term in Donating the Dowry

The bride possesses the right as to the dowry as soon as terms of marriage are uttered and is allowed to use it in any way she wishes، including denoting it altogether to the bridegroom and discharge him of his obligations in this connection. On the other hand، divorce before intercourse is considered an independent factor in transferring half of the dowry to the bridegroom based on which، according to the opinion of majority of jurists، bride must pay something equivalent to half of the dowry to the bridegroom. Analyzing opinions and surveying their proofs، the present essay comes to the conclusion that divorce before intercourse only causes removal of entitlement of the bride as to half of the dowry. Also، bride’s denoting the dowry is not absolute، but rather is dependent upon the implied term of continuity of marriage; hence، when the bridegroom violates that and divorces the bride، his discharge of payment of the dowry or ownership of it becomes obviated، or، at least، the bride will have the right to abrogate that denotation so that she still may have entitlement of half of the dowry in case of divorce before intercourse and that of all of the dowry in case of divorce after intercourse.