The Study of Husband's Insolvency Against Wife's Right of Lien with Legal and Juridical Approaches

The common view among the lawyers and the jurisprudences suggests the absolute right of lien for wife while solvency and insolvency of husband make no difference in its demonstration, but the opposite view which refuses this lien with assumption of insolvency has many adherents among the recent jurisprudences. These jurisprudences resort to some law such as prohibition of detriment, distress and constriction, equity, optional understanding of the Shari, and individual and social expediency. Some other jurisprudences accept differences between knowledge and ignorance of the wife to solvency and insolvency of husband during coagulation of marriage and suggest that knowledge and ignorance can be effective in refusal or acceptance of the lien, though this view is eligible but it seems that the knowledge and the ignorance have no effect in acceptance and refusal of the lien, but it can be a evidence for its tacit refusal. So in this paper the reasons will be explained and the above view will be developed.