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
- Quran Karim
- Amelie, Shaheed Sani, Zeyn al-Din b. 'Ali (1989), Al-Rawzato al-Bahiyya fi Sharh al-Lomat al-Dameshqiyye (al-Muhasha- Kalantar), 10 volumes, 1, Qom- Iran: Davary Bookstore.
- Amelie, Shaheed Sani, Zeyn al-Din b. 'Ali (1992), Masal al-Afham Ela Tanqih Shariea al-Islam, 15 volumes, first edition, Qom, Iran: Encyclopaedia al-Islamiyye.
- Araki, Muhammad Ali (1998), The Book of Marriage (for the Araki), in one volume, 1, Qom- Iran: Noor Negar.
- Colini, Mohammad b. Ya'qub (1948), Al-Kafi, Correction of Ali Akbar Ghaffari, 3rd edition, Tehran: Dar al-Kotob al-Islamiyyeh.
- Dehkhoda, Ali Akbar (1998), Dictionary / Ali Akbar Dehkhoda under the supervision of Mohammad Moein and Seyed Jafar Shahidi, Tehran: Institute of Publications and Printing, University of Tehran.
- Erfani, Tawfiq (2008), Dowry in Judicial Procedure, Tehran: First Edition of Forest Publications.
- Golpayegani, Mohammad Reza (1912), Ketab Al-Qaza, Qom: Matbe'i al-Khayyam.
- Hashemi Shahroudi, Mahmoud (2008), Culture of Jurisprudence in Accordance with the Religion of the Ahl al-Bayt (pbuh), First Edition, Qom: Publications of the Institute of Encyclopedias of Islamic Jurisprudence.
- Helli, 'Allame, Hasan b. Yusuf b. Mutahhar Asadi (1993), Tazkorat al-Foqaha (T-al-Hadith), 14 volumes, 1st, Qom- Iran: Al-Bayt .
- Helli, Allame, Hassan bin Yusuf bin Mutahar Asadi (1992), Mokhtalef al-shia Fi Ahkam al-Sharia, 9 volumes, An Islamic spread book and was found by a university of teachers with scientific possession.
- Helli, Ibn Edris, Mohammad b. Mansur b. Ahmad (1989), Al-Saraer al-Havi Letahrir al-Fatavi, 3 volumes, 2nd, Qom- Iran: The Office of Islamic Publications affiliated with the Society of Seminary Teachers of Qom.
- Helli, Muhaqeq, Najm al-Din, Ja'far b. Hasan (1987), Shari'a al-Islam fi Masayel al-Halal and al-Haram, 4 volumes, 2nd, Qom-Iran: Ismailian Institute.
- Hurr Ameli, Muhammad b. Hasan (1986), Means of shia, 3rd Edition, Tehran: Islamic Publications
- Jalali , Mehdi (2010), "Dowry Review in Family Support Bill", Women's Strategic Studies, Year 12, No. 48, 183-218.
- Jassas, Ahmed Ben Ali (1984), The Rules of the Qur'an, The Investigation of Muhammad Sadiq Qamhawi, Beirut: The House of Revival of Arab Heritage.
- Javadi Amoli, Abdollah (1905), Tasnim, Qom: Asraa Publications.
- Javadi Amoli, Abdollah (2014), Balanced Family and Its Rights, Qom: Garages Revelations Science Research Institute.
- Katuzian, Nasser (1997), Rules of the Generals of Decision, 4rd edition, Tharan: Sahamy's SpreadIng Partners.
- Manouchehrian, Mehrangiz (1949), Criticism of Iran's Civil and Criminal Laws in Terms of Women's Rights, Tehran: Family Support Volunteers Organization.
- Mehrizi, Mehdi (2011), Personality and Women's Rights in Islam, 3rd Edition, Tehran: Scientific and Cultural Publications.
- Moein, Mohammad (2010), Moein Persian Culture, Tehran: Behzad Publications.
- Mohammadzadeh, Zeinab, Nazari Tavakoli, Saeed (2020), "What is permanent marriage and its impact on couples' rights", Studies of Islamic Jurisprudence and Law, 12, No. 23, 287-308.
- Motahari, Morteza (2010), Women's Rights System in Islam, Tehran: Sadra Publications.
- Mousavi Khomeini, Ruhollah (1984), Tahir al-Vasileh, Qom: Islamic Publications.
- Najafi, Mohammad Hassan (1987), Javaher al-Kalam Fi Sharaye al-Islam 43 volumes, third edition, Tehran: Dar al-Katb al-Islamiyya publication.
- Qartabi, Mohammad b. Ahmad (1985), Al-Jame'a al-Ahkam al-Qur'an (Tafsir Al-Qartabi), Tehran: Naser Khosraw.
- Qomi, Saduq, Mohammad b. 'Ali b. Babouyeh (1994), al-Muqan'a (Lelsheykh al-Saduq), in one volume, 1st, Qom- Iran: Imam Haddy Institute Alayhe Salam.
- Qommi, Saduq, Mohammad b. 'Ali b. Babuyeh (1997), Al-Hudayya fi al-'Asul and al-Farwa' in one volume, 1st, Qom- Iran: Imam Hadi Institute against Al-Salam.
- Rouhani, Muhammad Sadeq (2014), Sadiq Jurisprudence, Qom: The Religion of Knowledge
- Shahidi, Mahdi (2001), Civil rights role (pledges), First edition, Tehran: Majd Publications.
- Tabataba'i, Mohammad Hossein (1995), translated by Tafsir Al-Mizan's from Mohammad Hossein Tabataba'i, translator of Mohammad Bagher Mousavi Hamedani, Qom: The Society of Seminary Teachers of Qom Office of Islamic Publications.
- Toosi, Abu Jaafar, Mohammed b Hassan (1967), Al-Mabsut fi Feqh al-Emamie, 8 volumes, 3, tehran- Iran:al-Maktabat al-Mortazavie al-Asar al-Jaafari.
- The Internet Base of Grand Ayatollah Sobhani Tabrizi http://www.tohid.ir/fa/index/biografy
- The Internet Base of Grand Ayatollah Makarem Shirazi https://makarem.ir/index.aspx
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