The Analysis of Article 22 of the Family Protection Law (Adopted in 1391) in Case of Insolvency and of the Husband According to the Law and the Method of Implementing Financial Sentences (Adopted in 1394)

Document Type : Specialized Article

Authors

1 Private Law Doctor of Mazandaran University

2 Assistant Professor of Law at Shahrekord University

3 Graduated from the Master of Law in Islamic Azad University, Meymeh Unit

Abstract

Nowadays, the amount, and manner of paying and receiving dowry faces many crises; such that the legislator decided to pay attention to the specific characteristics of the subject. so, in order  to  solve problems and their executive obstacles, by adopting an article in the Family Protection Act of 1391. What is analyzed in this paper is Article 22 of the above mentioned law which has regulated a levy especially about the dowry that has had no precedent in the judicial system of Iran. The imprisonment of the husband for failing to pay the dowry is one of the biggest dilemmas faced by the judiciary and families. It seems that with the adoption of Article 22 of the Family Protection Law and the constructive notice of some judicial policies by the Head of the Judiciary, as well as the adjustment of the adoption of a new law concerning the method of implementing financial sentence, the system imprisonment of the debtors of a dowry will be modified. The main question of the present paper is ‘How is the dowry claimed in case of solvency and insolvency of the indebted, while taking into consideration the law of executing financial sentences (adopted in 1394) and what effect does the above mentioned law have on article 22 of the Family Protection Law? In this paper, in addition to taking a glance at the status of heavy dowries in Imamiya Jurisprudence, an analysis of the background of the adoption and an interpretation of this provision is also discussed. 

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