Jurisprudential-legal study of Arsh al-Bakareh and Mehr al-Mathl

Arsh al-Bakareh and Mehr al-Mathl as compensation for the removal of virginity are among the concepts that are discussed in the two areas of criminal law and civil law. In this research, with a descriptive-analytical method and by considering various regulations in the mentioned fields and also by considering the jurisprudential teachings, we have reached the conclusion that the basis for paying the dowry is intimacy and the basis for paying the throne of virginity is the removal of virginity. In addition, although the proverb in the words of the jurists and the appearance of the narrations does not indicate the compensation of moral damages and is paid to a virgin or a woman due to the benefit of the woman in adultery by rape or reluctance, but from the point of view of civil liability law Some cases are compatible with moral damages. In addition, there is no conflict between Articles 658 and 231 of the Islamic Penal Code of 1392, and in accordance with the rules of civil liability, if the removal of virginity is done with sexual intercourse or non-sexual intercourse and with consent, there is no guarantee.