Prohibition of Imprisonment of the Husband Who Is Insolvent in Paying Dower with the Approach of Family Consolidation

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.