مهریه

The difference between the husband's claim that the money he has paid to his wife is dowry (Mahr) (to fulfill his promise to pay dowry) and the wife's claim that the money she has acquired is a gift (to benefit from the possibility of acquiring dowry in addition to the gift) and also the conflict between the husband's claim that the money he has paid is a gift (to benefit from the possibility of returning to the gift) and the wife's claim that the money she has acquired is dowry (to prevent returning the paid money) are among the common claims in the disputes between spouses in the courts. In these lawsuits, distinguishing between the claimant and the denier and preceding the promise of one of the spouses is one of the most important challenges in the courts. Therefore, the current research was conducted with the aim of investigating the nature and title of money paid by the husband to the wife in an analytical-documentary way. The results showed that in order to distinguish between the claimant and the denier in these claims, five points of view have been presented in jurisprudential opinions. The famous theory of jurists that believes in both of the above-mentioned lawsuits, the claimant's promise that the money the husband pays to the wife is dowry takes precedence, is strengthened. The principle (Amareh) of reciprocity of payment, the principle of non-gratuity, and the principle of indebtedness of the payer are among the most important reasons that play a significant role in choosing this theory. In the present research, by explaining competing theories and comparing them with the famous theory of jurists, as well as explaining the evidence of the famous theory, the analytical and implicational strength of the famous theory and its preference over other theories were determined.

In today's society, it is customary to put the wife's dowry as a coin, and sometimes the wife gives a coin to the husband after the marriage contract, and in some cases, she intends to return it after the gift. The current research has been done in an analytical-documentary manner with the purpose of answering the question of what is the legal status of the said act and whether it is permissible to refer to it or not. With the conducted investigations, no study or research was found that investigated the present issue. To this end, all scientific written sources on this topic were examined and it was determined that the problem of the present research is the debate between jurists and jurists. One group believes in its invalidity and considers the performed legal act as abhorrent and burdens its effects. The other group accepts its realization in the form of gift marriage, which has different effects on both opinions. The results of the review, analysis and evaluation of the views and opinions are that the donation of coins is correct and the arguments of those who argue against it have fundamental problems. Regarding the possibility of referring to it, by explaining the dispute in the judicial procedure and by analyzing the bases, the conclusion was reached that due to the loss of the gifted property, it is not possible to refer to the donation.

A better understanding of the relationship between dowry and women's perceived beauty is of great importance in achieving practical solutions for promoting women's rights and reducing gender discrimination. Therefore, examining women's attitudes about the impact of dowry on their perceived beauty in married life provides important approaches for taking preventive measures. The aim of this study is to identify the factors affecting women's attitudes towards the relationship between dowry and perceived beauty.

This study was conducted using the Q method, and all married female students of Zabol University were considered as the statistical population. 30 students were selected as the sample size. 28 factor arrays were provided to the participants, along with a Q diagram, using 28 question cards for each participant, in which they marked their level of agreement or disagreement with each proposition. The reliability of the Q table was calculated as 73%. Factor analysis was used to analyze the data.

The results of factor analysis showed that there is a significant relationship between dowry and women's perceived beauty. The instrumental approach to dowry, cultural differences in determining and receiving dowry, the inability of men to pay dowry, and the linkage of dowry with the status and position of women are among the most important factors that can play a stimulating role in women's perceived beauty.Keywords: Dowry, Women's perceived beauty, Attitude measurement, Factor analysis, Q method.

Investigating the relationship between law and society has always attracted the attention of researchers in the field of social sciences. Meanwhile, legal anthropology seeks to realize this importance and discover the legal mechanisms in the relationships between people, and in fact, the process of legal-judicialization in the culture of each Society investigates because rights play a very important role in organizing and regulating social relations between members of a social group. However, one of the main issues that can be raised in relation to legal anthropology in Iran is the issue of custom. This article aims to investigate the role and impact of custom in the filing of judicial cases, focusing on the prisoners of non-intentional crimes, for this purpose, a number of cases of Diyeh Headquarters have been examined in terms of the traces of custom, and interviews with 10 judges and lawyers in this regard. According to the results of this survey, issues such as abuse of trust between people, ignorance of the law, and criminalizations that are carried out in relation to some customs and traditions between ethnic groups, are among the most important customary axes of the judicial cases of prisoners of crimes. It is unintentional. Also, the issue of contracts between parties that have customary validity is considered one of the troublesome legal problems.

The prevalence of Corona Virus has affected various aspects of peoples lives. For example, in the field of fulfilment of obligations, such as fulfilling the obligation related to dowry, issues are raised. According to the existing general rules, if it is not possible to fulfil the obligation and also, The seizure of property was not possible, The creditor can request the imprisonment of the debtor. In return He can claim for insolvency. As the same way, The wife can ask the court to imprison the husband who refuses to fulfil his obligation.In these cases, the burden of proving insolvency is not on the husband unless their financial ability is already proven.The main question in this article is that if we can consider the current unfavourable situation created by corona as a judicial reason and in this way, we can remove the proof of insolvency from the husbands. The answer will be yes and it is compatible with jurisprudential and moral principles.

One of the rights established by Sharia and law to protect women is Mahr. But Mahr is not one of the pillars of permanent marriage, and even a marriage without it is valid. Heavy Mahrs are one of the legal and social problems of our society. In many cases, disproportionate and unreasonable Mahrs, instead of providing financial support to the wife and the strength of the family, are used as a tool to threaten and cause anxiety in couples and as a result shake the foundation of the family to the point that it causes the phenomenon of husband abuse. Therefore, the question is whether the government can intervene in determining the amount of Mahr according to its expediency and limit and adjust it according to a commanding rule, and in order to reduce legal and social problems, prevent disproportionate and heavy Mahrs? Accordingly, in the present article, we have come to the conclusion that the government, based on expediency and necessity, can intervene in the institution of Mahr like other legal issues that have social dimensions and seek to adjust and limit the Mahr through legislation.

The mahr enforcement is one of the many problems of Iranian families that affect marital life and, consequently, spread social harm in society. The purpose of this study was to investigate the mahr enforcement among referred women to Babak city court; Data were collected from 26 through semi-structured interviews and analyzed by contextual theory. The results showed that women have two different perceptions of mahr, some of whom use dowry as an ultimatum to bring men back to married life and prevent separation. Some also pressure men with mahr to divorce or take custody of their children instead of mahr. The research phenomenon was presented under the title of "deliberate release and deliberate return", which is the most important perceptual aspect of the interviewees and has created a kind of constant conflict in them. It is suggested that the discourse of proper communication action be formed by families and social and cultural institutions of the society, including counseling centers, education and media, etc. in the society.

According to jurisprudence and law, the wife can refuse to obey the husband to get marriage portion. This right is so-called the right to retention and the verses, narratives, and rational foundations, like the proximity of the marriage to the commutative contracts, are its legitimacy. Because there is a doubt whether the marriage is commutative or not, the right to retention is limited, and it is acceptable just for the wife having the purpose of creating an executive guarantee for getting the marriage portion. Nowadays, this guarantee becomes a pressure tool against the husband and it is misused by the wife. Based on procedural unity vote 708 that, in spite of husband's hardship, the rule to instalment is not amount to reject wife's right to retention, and based on procedural unity vote 718 that extends the realm of exercise of the right to retention to wife's duties absolutely, husband's conditions become harder; thus, this study aimed to jurisprudentially-legally seek the basis of the right to retention in marriage and the causes of termination, abortion, and its adjustment by a descriptive-documentary method. Therefore, all related written sources were analyzed and it is concluded that if the marriage portion is exchangeable with the obedience, for respecting the husband, the capabilities of the right to retention as a personal right can be used for its abortion or adjustment. Moreover, for preventing the unlimited exercise of the right to retention, the two topics of the realm of exercise of the right to retention and the effect of husband's hardship on wife's right to retention should be taken into consideration. That will be the most important issue in the matter of big marriage portions.

The couple has not discussed the secret agreement between the dowry of the civil law and the family protection law and its effects.This casts doubt on its validity, whether the secret agreement to the contract announced between the parties as well as to third parties can be invoked and valid? On the one hand, between the parties regarding the validity of the secret agreement, despite the announced contract, on the other hand, the citation of this secret agreement against third parties should be distinguished. Although there is no such thing as a dowry in French law, secret contracts are not acceptable under a specific formal contract or against third parties. However, in jurisprudence, the divergence of opinions is also evident and the tendency to validate a secret contract is in the relations between the parties. However, permission to prove a secret agreement regarding the dowry to one of the parties to the contract against the other and also against third parties will have a corrupt consequence, which will cause serious damage to the family foundation and the country's registration system due to neglect The validity of the official marriage document is damaged.

Demanding dowry by the wife and the husband’s inability or insolvency to pay it is among the most frequent lawsuits in family courts. In such lawsuits, the wife refuses to perform marital duties in order to enforce the dowry, and even proving the husband’s insolvency does not invalidate her right. Such lawsuits undermine the foundation of the family, and the solution lies in the accountability of the state (government). State’s financial support for debtors is a religious obligation in Islamic jurisprudence. According to the Holy Qur’an and authentic narratives, the state should assist eligible debtors and help them with money from the treasury. The application of the reasons for the necessity of paying off debtors’ debts also includes dowry debtors, and there is no valid reason for excluding dowry from this general principle. Besides, the principle of family strength in the Islamic and Iranian legal systems requires that dowry debtors be supported. Despite the significance of this issue, in the Iranian legal system, no efficacious protection mechanism has been devised to support those who are unable to pay the dowry. The investigations of this study indicates that in the Iranian legal system, the religious responsibility of the state in supporting dowry debtors has been neglected.

In case where the woman forgives her portion to the man and the man simultaneously applies for divorce and woman determines to return from her donation portion, regarding this issue that whether the woman has such a right or not, there exists two jurisprudential ideas. The paper legally and jurisprudentially analyses the return of the woman from release obligation of the portion according these two ideas. At the meantime, returning from portion releasing obligation and donation when the portion is identical or debt, has also been scrutinized. Through analytical- descriptive method, the article studies the jurisprudence-legal opinions and answers the questions. Moreover, on the basis of the subjective condition, the findings show that, while the woman has the right to return from donation portion whether identical, debt or acquisition of the debt, but as releasing from obligation is only in the debt, returning from the releasing obligation of the portion is permissible only in the form of acquisition of the debt.

Wife’s ownership of marriage portion is established at the moment that the engagement recital is observed. It is noteworthy that the granted ownership over the half of marriage portion is firmly fixed and settled. Whereas, her ownership over the other half of marriage portion is precarious and she gains complete ownership in case of sexual intercourse. Marriage portion varies in different forms depending on the degree of credit validity, the criterion of determination, the determinant and the time of claiming. But this difference does not have any effect on regarding marriage portion as a debt since at the moment of observing the engagement recital, the marriage portion becomes the property of the woman. Therefore, it is obligatory for the husband to grant marriage portion. However, the decree of the incumbency of its granting depends on claiming. Accordingly, either its long-term duration or its non-determination at the time of marriage does not affect its existence as a debt. The a foresaid factors can only change the amount and the time of its claiming. Importantly, sometimes the husband intends to evade payment, therefore he carries out artificial or real transactions with others in order to represent his inability for affording marriage portion. This study highlights that from a legal- jurisprudential perspective what legal status seems reasonable for these transactions. There is disagreement among Jurists and lawyers on the validity of such transactions. But the result of the present study, which has been carried out based on a descriptiveanalytical method, relying on library resources, indicates that husband’s transactions with the intention of evading payment, whether real or artificial, due to the illegality the transaction intention, are invalid. However, the aforesaid invalidity in husband’s artificial of transactions can also be claimed due to the lack of real intention, as well.

 The wife’s right of refusal in case of the husband’s refusal to pay her mahr (the obligation, in the form of money or possessions, paid by the groom to the bride at the time of marriage) under certain conditions and circumstances is valid in Islamic jurisprudence and law. In Civil Law, articles 1085 and 1086 stipulate the right of refusal. Different interpretations of the articles have led to the Supreme Court decision on a unified judicial precedent, again raising different questions and interpretations that are inconsistent with the jurisprudential precedent. Of course, the jurists’ statement is apparently rich enough to bear maximum interpretation of the right of refusal. However, since consensus is the most important reason for validity of the right of refusal, and because consensus is a proof by expression, when in doubt, we should consider its degree of certainty. Here, the degree of certainty stands for sexual submission. Thanks to Unified Judicial Precedent 718 we should suffice to degree of certainty and accept the application of affirmation of the right of refusal to obedience and its renunciation to sexual submission. Imam Khomeini, too, was positive on this viewpoint. Abundance of different rules by civil courts after issuance of the Unified Judicial Precedent 718 indicates that this article of the Civil Law is yet to be interpreted by virtue of legal and jurisprudential criteria. An interpretation compatible with the legal logic is the one differentiating object of the right of refusal from the object of renunciation of the right of refusal.

The sanction of imprisonment of the husband who cannot pay the dower is one of the problems that can harm the couple’s relationship. This will cause divorce in some cases. On the other hand, payment of dower at the right time can consolidate such relationships. This descriptive-analytic article is to answer the question that whether the preliminary detention of the husband claiming insolvency from paying dower according to Islamic law, the Family Protection Law 2012 and the Execution of Financial Penalties law 2015, is allowed? Islamic law sources state that investigation of insolvency claim is urgent and imprisonment of the insolvent is not permitted. They also do not regard imprisonment as a sanction for not paying dower. According to the above-mentioned laws, as well as Islamic law, if the husband had had or has enough wealth, he will be imprisoned.

The role of women in the family is identified as one of the significant issues in Islamic lifestyle. Despite the remarkable importance of the role of housewives in Islam, the inadequacy of economic support for housewives in the legal system of our country along with the influence of Western lifestyle, resulted in the employment of women and the diminution of their role in the family. This alteration turned out to be a social dilemma for the Iranian society. In Islam, there are constructions and strategies with the function of supplying economic security of women in the family. Alimony, Mahr and emolument are recognized as the most important ones. However, neither the limits nor the systematic status of these constructions and strategies are delineated for accomplishing the goals of supporting married women. This study which is based on a descriptive-analytical method examines the arguments and opinions expressed in jurisprudence regarding these three constructions along with their related conditions and criteria. It also seeks to propose a model for supporting the economic security of married women by extracting it from Islam based on applying narrations and depicting an agreeable role for women in an Islamic family. Although housekeeping and family planning are specified as primary roles for women, their housekeeping activity has economic value. According to this research, in Shiite jurisprudence, women’s economic security in two parts of the common needs is fulfilled through alimony and in other economic needs, it is fulfilled via emolument whereas Mahris not canonized with the aim of fulfilling financial support of women. Similarly, part of women’s financial security along with legal guarantees relies noticeably on moral obligations. Regarding conventional needs, this model is based on alimony and in other needs it requires men’s moral commitments.

Dowry or consistency is one of the financial rights that by Islamic law for the wife, and once the marriage contract, the wife becomes the owner of the dowry. A wife can have anything that has property and legality and determination for the dowry is permissible reach an agreement conditional to that male about dowry just don't bet on the wife. So dowry from a moment marriage contract disposal to the wife is placed and the wife can freely legal templates transfer it or destroy it. In this research conditions transmission dowry in different assumptions been investigated. Recoupment dowry demand able to afford it is possible. In this premise, transfer of dowry means transfer Rights and privileged arising from it is not a marriage contract but only transfers of dowry assigned includes monetary and non-monetary, because the right docility ،the right to alimony، the right to lien the right to tutorship… specific husband and wife. Therefore it is only possible to transfer the financial aspect of the marriage contract, which is mere dowry. Again can a dowry that certain amount of fungible things under obligation without transfer the right docility ،the right to alimony، the right to line، the right to tutorship and salary and benefits that come from contract marriage, Transferred to debtor and non-debtor in the form of a gift contract.