A Study of the Basis of the Discussion of the Conflict of Principle and Appearance and its Applications on Dowry and Alimony

The validity and primacy of the principle or appearance regarding a contradictory issue has been a controversial issue. Occasionally, the appearance is confirmed by Shari'a and the legislature, (which is referred to as a legal statute), and sometimes the nature of appearance is related to the knowledge and certainty of the judiciary; these are said to be judicial authorities; both of these kinds of appearances and emirs are authentic and valid. However, if the appearance is relevant and if it is relevant to the facts and circumstances of the matter, without the affirmation of the law or the cause of the knowledge and confidence of the judiciary (which is called the emergence of the custom), jurists and lawyers will be skeptical about the primacy of this appearance. The established belief is the primacy of appearances on the principle (Kaleini, Tusi, Shahid Sani and Katouzian and ...), while another group takes precedence over this conflict. The main purpose of this research was to establish the validity of principle and appearance from the point of view of jurisprudents and lawyers and to examine the practical applications of this issue during the proceedings (special cases of dowry and alimony) in order to determine which one the judge dealing with such cases prefers to hear.