نوع مقاله : علمی- ترویجی
عنوان مقاله English
نویسنده English
One way to guarantee the implementation of exchange contract is the right of hold. It means that if one of the parties fails to fulfill his/her obligations, the other party has the right to refuse the enforcement of the contract. This right is exercised in all kinds of contracts, such as sell and buy but in Iran’s law system which is based on Imamiah jurisprudence it spreads to marriage contract too. It means that a woman can refuse to perform her marital duties until she receives the dowry although the refusal would not mean that she is disobedient to her husband. Applying descriptive-analytical method, this research studies the jurisprudential documents about the right of hold in marriage as well as its effects and consequences. The research is due to the current trend of having a heavy dowry in Iranian society. The findings show that the documents about the right of hold are not reliable and that the marriage is not a type of exchange contract which is subject to refusal. In fact, the acceptance of this right in marriage is not based on reliable principles.
کلیدواژهها English
عنوان مقاله العربیة
إعادة دراسة الأدلة الفقهیة بشأن حق امتناع الزوجة عن الواجبات الزوجیة
چکیده العربیةکلیدواژهها العربیة
فقه و حقوق خانواده
