The Nature and Position of Nikah (Marriage) Contract in Onerous and Gratuitous Contracts

Contracts divide in to onerous contracts and gratuitous contracts from one aspect. Every of them have its specific effects which it cannot be necessarily extended to other one. However, some contracts have exclusive and unique characteristics and aspects which make their role in onerous and gratuitous contracts face ambiguity. The present paper with regarding the special position of nikah (marriage) contract is going to study the nature and effects of this contract in circle of inclusion of onerous and gratuitous contracts. What cause doubtfulness on relationship between marriage contracts with onerous contracts are the extension of some legal acts such as dowry, alimony, lien in marriage and the separation of the temporary marriage and permanent marriage. The doubts which are established about this, it cannot be completely adduced to be the marriage contract onerous. To analyze the nature and effects of it, it should be surveyed scrupulously and its important aspects should be studied. Because of these doubts about the quiddity of the marriage contract from the point of being onerous and gratuitous, it is possible to explore another type which has been discussed in this note.