An Inquiry into the Wife’s Obaining Ownership of Her Dowry

Document Type : Specialized Article

Authors

1 PhD in jurisprudence and Islamic law of Ferdowsi University of Mashhad

2 Professor of jurisprudence and Islamic law of Ferdowsi University of Mashhad

Abstract

In addition to the main aspects and religious of marriage; namely the marriage ceremony takes place and both the husband and wife have the right to the sexual enjoyment of each other, marriage has secondary and financial aspects as well; meaning that when the wife attains this dowry it gives the wife possession of the husband. The challenging question in the above-mentioned discussion is the grounds for the wife’s possession of the dowry which asks the question: does this mean that once the marriage ceremony takes place and the marriage contract is signed, the husband owns the wife’s privy parts and the wife becomes the owner of all the dowry as it is in commutative contracts were each of the parties have complete inalienable possessory rights to possess the property of the other? Or does it mean that only half the dowry becomes the wife’s property at the time of the signing of the marriage and the other half becomes hers after marital intercourse or the other factors becomes the wife’s property. There are three statements on these issues have been raised: the wife’s ownership of all of the dowry property once the marriage contract is signed; the wife’s ownership of half of the dowry property once the marriage contract is signed; and the suspension of payment. The results of this research shows that after examining the jurists’ provisions and terms the authors have found significant proofs for the first statement to be absolute but after reviewing proofs, the two other statements have been considered to be untenable and unjustified.

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