Legal criticism on the current nature of dowry in Iran

Mohaghegh Damad, Maryam Sadat

doi:10.30497/flj.2021.238921.1557

Legal criticism on the current nature of dowry in Iran

Document Type : Scholarly Article

Author

Maryam Sadat Mohaghegh Damad

Assistant Professor of Imam Sadegh University, Sisters Campus

10.30497/flj.2021.238921.1557

Abstract

Dowry is the necessities of life that are provided by the woman or her family at the beginning of life. There are ambiguities in the dowry that have caused controversy in the judicial decisions. In addition to inequality of judicial decisions, these ambiguities provide a source of conflict for couples and damage the foundation of the family. Some of these ambiguities are the unclear nature of couple's legal relationship regarding the dowry and uncertainty of the husband's legal and criminal responsibility for the deficiency or loss of equipment in dowry claims. The aim of the author is to identify the nature of the dowry, and by analysing the loan contract and permission of conditional possession has concluded the husband's contractual responsibility regarding dowry and subsequently the guarantee of criminal execution in betrayal of trust the husband is responsible regarding the dowry and subsequently the guarantee of criminal execution in betrayal of trust and suggested based on " the rule of Ál- mu'menūn ĕndá shorūtīhem”, dowry can be considered as a new contract with special effects and conditions. This research has been done by library method and by the study of documents, Jurisprudential and legal books and the related rules.

Keywords