MARRIAGE PORTION STATUS IN DIFFERENT SITUATIONS

The financial relations of married couples in Islam are based on the principle of property independence. According to Article 1118 of the Civil Code, "A woman can independently hold in her property what she wants to do" and the husband does not have the right to manage, superintend, or supervise the property of the wife. One of the important financial effects of the marriage contract in the legal system of Iran, which is considered as the wife's financial rights and her most important religious and legal right, and is created by the marriage contract, is the marriage portion". Claiming the marriage portion by the wife is sometimes at the time of marriage, or at the time of the dissolution of the marriage contract, and relative to the above conditions, applying of the obligation of the husband and the entitlement of the wife of which has different effects. Considering that the civil law expresses some of these effects, in accordance with the Imamite jurisprudence, but it is silent on some of its other effects. Considering that, in accordance with Article 3 of the Civil Procedure Law, "judges of the courts are required to comply with applicable laws, issue an appropriate sentence, or terminate the hostility. If the laws are not complete or explicit, or if they are contradictory or there is no law in the said case, they may issue a ruling on the basis of authentic Islamic sources, valid adjudications or legal principles that are not in contravention of religious laws, and as a silent excuse, or imperfection or the conflict of laws, they cannot refuse to process a lawsuit to issue a ruling. Otherwise, they will be recognized as the one to refuse providing the rights and will be condemned to the required punishment". Therefore, it is tried in this article to express the viewpoint of jurisprudence and civil law on various forms of the marriage portion.