A Fiqh and legal analysis of establishment of right of marriage portion for women

The present research addresses an undeniable right of the wife which has been considered since the genesis of Islam, and that right is nothing but the marriage portion that the Holy Quran terms its payment to be compulsory. In this article the author discusses the point as to whether the wife’s right to the marriage portion is initiated, and if yes, what factors are involved in this initiation of the right. The answer to this question clarifies the scope of the rights of the wife and reduces many differences of outlooks of the Ulama (Islamic Scholars) toward the marriage portion. The article elaborates on the factors that initiate the right of wife to the marriage portion, whether it is a specified marriage portion, ordinary marriage portion or a marriage portion paid before consummation. In addition to the factors of the initiation of marriage portion factors of its establishment are also examined, since these factors remove the instability of possible occurrence of divorce before consummation which says that wife has the right to half of the marriage portion. The article would show that consummation sometimes initiates this right and sometimes establishes it, a right that is not obliterated even on the condition of the lack of marriage portion because the obligation concerning the possession of marriage portion arises from a legal order without any contractual root. The article finally discusses the effects of this separation, effects which stem from initiation of the right of wife to marriage portion. Scope of the wife’s authorities is also examined.