The Legal-Jurisprudential Status Concerning the Allot of Parts of the Body as a Dowry

Niknejad, Javad

doi:10.30497/flj.2016.59327

The Legal-Jurisprudential Status Concerning the Allot of Parts of the Body as a Dowry

Document Type : Specialized Article

Author

javad niknejad

Assistant professor, Islamic Azad University, Ghaemshar branch, Ghaemshar, Iran

10.30497/flj.2016.59327

Abstract

As a legal requirement of marriage, designating type of a dowry and its amount is one of those issues that is of vital importance for couples and their families; although the most common dowry is designated in the form of coins, cash amd so on, in which there is no doubt of its authenticity. However, in some cases unconventional dowries are alotted by couples; one of its examples is designating parts of the couple’s body as the dowry. The basic question that is posed in this research is: what is thelegal-jurisprudential position concerning alloting parts of the body as a dowry? There are different opinions in this regard; some consider it to be absolutely wrong and others consider it to be valid albeit in limited cases. Taking into consideration a legal-jurisprudential approach, as a general rule, this present paper seeks to prove that alloting the parts of the body as a dowry is not correct, however, in cases where rational benefits are associated; for example, in cases where the wife has kidney problems and is in need of a kidney transplant and the separation of that part not have any harm for the husband, the above contract is correct and valid. Otherwise, the aforesaid dowry, due to dignity of self-harm, the inability to surrender as an illegitimate case, will be null and void.

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