The conditionality of the power to pay dowry in the light of the difference between the essence of marriage and other contracts

Document Type : Original Article

Authors

1 Visiting Assistant Professor, Faculty of Law, Theology and Political Science, Islamic Azad University, Science and Research Unit, Tehran,Iran:(Corresponding Author)

2 Associate Professor of Jurisprudence and Fundamentals of Islamic Law, Imam Sadiq University, Tehran, Iran.

3 Assistant Professor of Fiqh and Fundamentals of Islamic Law, Adalat University, Tehran, Iran.

Abstract

The sudden increase in prices, along with the relative stability of incomes, has caused new problems for many Dowry debtors, which has created new problems for the country's judicial system; Because according to the current situation, many debtors who are unable to pay the installments of Dowry, have again claimed liens and requested adjustments, and this has led to the accumulation of many cases in the courts and the increase in the number of prisoners who owe Dowry; While from the perspective of Imamiyyah jurisprudence, imprisoning a Muslim who is unable to pay his debt due to poverty has absolutely no merit. This requires that the nature of the seal and its essential difference from other debts should be carefully examined by jurisprudence. However, according to Article 22 of the Family Support Law, if the amount of the dowry at the time of the marriage is one hundred and ten coins of the full spring of freedom or its equivalent, its collection is subject to the provisions of Article 3 of the Law on the Execution of Financial Convictions, and according to the prevailing judicial practice, the burden of proof of debt is on is even This is despite the fact that according to the capacity of Imami jurisprudence, it can be proved: firstly, the dowry religion is different from other debts due to the difference of the principle of the marriage contract with other status contracts; Secondly, the requirement of the spouse's ability to pay is also a very important point that can be used in Iranian law. In this article, in which the inference method is analytical-descriptive, we have tried to use the above items to help strengthen the family and provide solutions to solve the problem of dowry cases.

Keywords

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Journal of Studies in Islamic Law & Jurisprudence
Volume 16, Issue 34
May 2024
Pages 7-28

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