Legal Solutions to Converting Hefty Dower to Mahr al-Mithl or Mahr al-Sunnah1

Social problems emanating from hefty dower are not hidden to anyone. What is worth studying here are the strategies to overcome this social challenge. Jurisprudents widely believe that there is no upper limit for dower and that fixing a limit is unlawful and runs counter to Islamic teachings. As well, according to a well-known opinion, unlike temporary marriage, the status of the dower is somewhat independent in permanent marriage. Therefore, certain hypothetical situations have been considered in Imamiyyah jurisprudence where Shiite jurists have ruled the validity of permanent marriage and invalidity of the dower wherein the husband will be obliged to pay mahr al mithl (average mahr), or pay mahr al-Sunnah (recommended mahr) or mahr al-musamma (mahr agreed by the couple and specified by them in the contract) . By reviewing jurisprudential and legal texts while using an analyticaldescriptive approach, the author seeks to study marriage contract, dower and its impacts as well as provide legal solutions to invalidate the hefty dowers and convert them to mahr al mithl. Such strategies which are generally based on violation of the subject of mahr or on conditions that are a part of the contract or out of it help the couple to invalidate the agreed upon dower and convert it into mahr al-mithl.