Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

A New Look at the Nature of Dowry in Iranian Jurisprudence and Law

Document Type : research

Authors
1 Ph.D of Department of Private Law, Mazandaran University, Babolsar, Iran.
2 Professor, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
10.22034/ejs.2024.441424.1687
Abstract
Background and Aims: Dowry is money that the husband is responsible for upon entering into the marriage contract and is obligated to pay it to the wife. The purpose of this article is to examine the nature of dowry in jurisprudence and law.
Materials and Methods: The type of theoretical research and the research method is descriptive and analytical and it was done in the form of a library.
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are respected.
Findings: Regarding the nature of dowry, different opinions can be deduced from the words of jurists. The majority of jurists believe that the marriage contract is exchangeable and, accordingly, the dohr is exchangeable. And in this context, they have referred to verses and traditions and other reasons such as the existence of the right of custody for the wife in relation to the dowry, the establishment of the dowry with proximity. The other group believed in the non-reciprocity of permanent marriage and consequently the non-exchange of the dowry, and for reasons such as: the lack of effect of the dowry in concluding a permanent marriage, the contradiction of determining the amount of the dowry with its exchange, rulings regarding the giving of the dowry, the emotional nature of the parties' relationships in marriage.
Conclusion: dowry has a special nature And since the price of a woman is not considered that cannot be justified in the form of exchange in barter contracts.
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