Proof of the Wife's Right for Lien through the Nature of Marriage

One of the controversial issues in marriage is that it is a transaction. According to different viewpoints, there are two theories regarding the marriage contract. Some believe that it is exchangeable and others believe that it is non-exchangeable. Of course, in the meantime, this hypothesis is also raised that it is pseudo-exchangeable. Each of them have cited some evidence. The present article tries to analyze the issue of lien with the nature of marriage. Lien is one of the rights that often arise in exchange transactions and in marriage, it also implies a transaction, and the reason for its creation is the guarantee of receiving the Mahrieh (the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage) for the wife. In the end, this article comes to the conclusion that since there is a requirement for exchange contracts in the marriage contract, each of the parties has the right to refuse to receive compensation from the other party for submitting the exchange but this issue has nothing to do with the spiritual aspect of marriage, and the measures adopted in jurisprudence and legal issues that make it possible to compensate for losses and fatal damages in marital disputes should not be mixed with the aforementioned issues. Therefore, due to the transactional nature of the marriage contract and the exchange of the Mahrieh and also the exchange of compliance with it, the right of lien is proven.