The Status of Compensation for Virginity, Stipulated Dower, and Moral Damage in Compliant Adultery from the Perspective of Jurisprudence with an Approach to the Critique of Islamic Penal Law [Ratified in] 1392

Compensation for virginity (arsh al-bakāra) and stipulated dower (mahr al-mithl) is one way for compensating damage for victimized women in jurisprudence and the country’s Islamic laws. In this regard, the contradiction of legal judgments has caused many perplexities in the society including contradiction in laws and creation of grounds for misusing adulterous women. An accurate look at the jurisprudential texts reveals that the main root of all contradictions is
subject to answering two questions: 1. Is arsh al-bakāra within mahr al-mithl or does it have a separate nature in itself? 2. In compliance adultery, is the woman entitled to demand arsh al-bakāra? To answer these two questions we notice many contradictions in jurisprudential texts. This difference has permeated to the laws too and the country’s laws, including the Islamic penal law [Ratified in] 1392 sh/2013 have encountered with many ambiguities and contradictions, to the extent that it has resulted in issuance of contradictory verdicts in the country’s courts of justice. By examining the legal-judicial reasoning, it is concluded in this article that mahr al-mithl is within arsh al-bakāra and, according to the viewpoint presented and strengthened in this article, in case of defloration, neither mahr al-mithl nor arsh al-bakāra are demandable. As for the possibility of demanding damage for moral loss in addition to mahr al-mithl and arsh al-bakāra, given the jurisprudential principles, it is concluded that demanding moral damage is not legally justifiable.