Determination of Dowry: One Condition and Several Challenges
Author(s):
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
One of the conditions stated for mahriyyah (dowry) is its determination and, of course, it faces challenges and ambiguities. The meaning of its determination, the inference of arguments (Nafy Gharar, Bay'e Jazaf) against the determination of exchanging items in the contract and the possibility of considering this condition in conclusion of marriage contract, the documentary and reasonable arguments in the necessity of complete determination of the dowry or the inference of brief determination of dowry, the concept of brief determination, lack of conceptual clarity and referential knowing of moderate principle which in the narratives is considered as the solution of ambiguous dowries, are some of the challenges the determination of dowry has faced ambiguities. The current study seeks to mention the challenges in order to find the solutions based on the jurists' thought and viewpoint.
Keywords:
Conclusion of marriage , dowry , challenges , known , determined , exchange , Gha-rar
Language:
Persian
Published:
Journal of fiqh, Volume:26 Issue: 99, 2019
Pages:
77 to 100
https://www.magiran.com/p2098253