The Nature of Dowry in Imamiyah Jurisprudence and Iranian Law

Jurisprudents have not dealt clearly and independently with the nature of dowry (marriage gift) but the groundwork can somehow be identified in their studies. Thus, the study of dowry is coupled with some complexity in law. Now-a-days, dowry has become a pressure practice to appease the bride's family; thus it has lost its main content and distanced from Shariah. For example, some people are bent to receive a huge amount of money during marriage contract (nikah) while others consider dowry to be a reason for considering women as commodity that can be sold in an exchange for something. They believe dowry is in contravention with woman's intrinsic dignity. These diverse notions are mainly due to a lack of proper understanding about the nature of dowry. In view of the existing signs in jurisprudence, dowry is not an exchange nor is a woman to be considered as a chattel, though the marriage contract is a quasi-exchange contract. In fact, the dowry is a legally endorsed gift given to wife to uphold her dignity.