Comparative Study of Responsibility due to Lack of Intention in the Specified Marriage Portion
In the Islamic legal system, the wife is entitled to several rights, including the marriage portion, which becomes her property through a permanent marriage. Today, according to the famous saying of the two main Islamic denominations, despite the fact that couples do not have to mention the marriage portion in the contract due to their lack of dependence of contract on mentioning the marriage portion, sometimes, based on misconceptions, they agree on marriage portions that the husband has no power to pay and the couple do not intend to give or receive the amount, but their intention is another amount of marriage portion that they have agreed out of contract. Since this type of mentioning marriage portion has become frequent in society, it is necessary to re-examine its nature and effects. The research shows that the fake marriage portion is void because of the lack of intention. The amount of marriage portion that the husband owes after the annulment of the mentioned amount, varies in different situations and according to the real intention of the couple. The present research has been conducted through descriptive-analytical method and with reference to library sources.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.