Legal Analysis of Registration Fee Bill of Dowry over 14 Gold Coins Compared with the Couple's Financial System in France

Document Type : Scholarly Article

Authors

1 PhD student in private law, Islamic Azad University, United Arab Emirates branch, Dubai, United Arab Emirates

2 Professor in Department of Private Law, University of Tehran, Tehran, Iran

Abstract

Ratifying a bill in the Judicial Commission of Islamic Consultative Assembly (Majlis) on setting registration fee of Dowry over 14 gold coins in the time of registering marriage contract (Nikah), each spouse 50% , and depositing it into the Fund of Providing Dowry for Needy Couples, has put the family law on the threshold of drastic transformation. Although this change is made to serve the legal institution of marriage and reduce the amount of dowry as well as facilitate the marriage process, but its functionality is under serious doubt and even it appears that its negative consequences far outweigh any positives. Bills ratified without considering the rights of the parties in the marriage contract not only could provide a platform for men to abuse but also create unfavorable situation for women and causes girls and women as well as men be reluctant towards the marriage compared to the past. This is the fact that women may assume that marriage not only limit their freedoms, but also their life could also be faced with financial and economic threats. Thus, they gain fewer financial benefits in their common life and in order to get rid of a wrong and unsuitable marriage, they must sacrifice their ownership and sustainheavy and unfair costs. Therefore, it is highly recommended for new bills, while holding a compressive approach towards liberty and contractual rights, to provide the goals of the legal system and secure the rights of both parties. Consequently, the current study by descriptive- analytic approach and by collecting data from the library sources, while attempts to survey the fundamental and legal aspects of this bill, also provides solutions and suggestions with the view on the couple's legal system of in France.

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References

- Holy Quran
Matrimonial egimes in Iranian and French Legal Systems
-Najad Ali Almasi – Morteza Mohammadi
Journal of Comparative Law- Nameh Mofid
Hoseyni. Seyed Mohamad Bagher
Family Law – Dr.Mohammad Roshan.Jungle Publication.
Sheykh Sadogh, Eslamiye of Books Publication
Ameli.sheykh Hor. Vasaeloshie, Eslamiye publication
Emam Khomeyni. Tahrirolvasile, Islamic publication center
A-Concise Family Law- Dr.S.H Safai- Dr. A.Emamit.
Fourth edition Dadgostar Publication,
Amid Persian Dictionary, Amirkabir Publication
Iranian Civil Law; Family Law- Dr.Nasser Katouaian
 Enteshar Publication
Karimi.Abbas. 40 law Discourse, First edition, Dadgostar Publication,
Comparative study of Contractual Freedom in Family Law with Emphasis on Marriage in Imami Jurisprudence and French Law.
Abbas Karimi. Alireza Forooghi. Mohammad Reza khalilzadeh.
Family Law and Jurisprudence Journal
Mraghei. Mirfatah, - First edition, Qom, Islamic publication center
Ghomi.Abolghasem, keyhan Publication
Manochehriyan. Mehrangiz, -Status of women rights in the world and family law, Union of Iranian female jurists
Mohaghegh Damad. Seyed Mostafa- Jurisprudential Study of Family Law, vol.9, Tehran, center of Islamic sciences publication
Levying Tax on Marriage Portion and Its Effects on Family Institution, Journal of Family Research, Vol.4 (4.1):553-564-2009
- Ibne Sina website, 1401030201731, 24May 2022
 Imen website 24 May2022
- Encyclopedie, Dalloz, droit civil régimes matrimoniaux, Paris, Edition Dalloz, 1975.
- Henri et Leon Mazand, Leçons de Droit Civil : Régimes Matrimoniuax, Paris, Edition Montchrestiem, 5ème Edition, 1982.         
-J.Masson and S.Mc Rentney (1997) Principles of Family Law.Sweden.Sweet and Maxwell. Sixth Edition  
 
Biannual Journal of Family Law And Jurisprudence
Volume 29, Issue 80
April 2024
Pages 75-104

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