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.

Keywords

Main Subjects

References

  • Holy Qur’an.

 

 

  • Ibn Babawayh, M. ibn A. (Sheikh Saduq) (2018). Man la yahduruhu al-faqih. Al-Kutub al-Islamiyyah Publications.
  • Almasi, N. A., & Mohammadi, M. (2002). 'Property arrangement of spouses in Iranian and French law.' Mofid Journal, 29, 117–147.
  • Behjat, M. T. (2018). Practical treatise. Center for Compilation and Publication of Ayatollah Behjat’s Works.
  • Harr Amili, M. ibn H. (2008). Wasa’il al-Shi’ah. Islamiyyah Printing House.
  • Hosseini, S. M. (2009). 'The state of dowry enforcement and divorce after intimacy.' Dadresi Monthly Journal, 76, 37–39.
  • Khomeini, R. (1989). Tahrir al-wasilah. Islamic Publishing Institute.
  • Roshan, M. (2022, August 25). Exclusive interview. Beheshti University website.
  • Shahid Thani, Z. ibn A. (1978). Al-Rawdah al-bahiyyah fi Sharh al-Lum’ah al-Dimashqiyyah. Keyhan Publications.
  • Shahidi, M. (1998). Collection of legal articles. Hoghoughdanan Publications.
  • Safai, H., & Emami, A. (2001). A concise guide to family law. Dadgostar Publications.
  • Amid, H. (1980). Amid Persian dictionary. Amir Kabir Publications.
  • Kamalan, M. (1981). The civil code of the Islamic Republic of Iran. Barazesh Publishing.
  • Katouzian, N. (2015). Family law (Vols. 1 & 2). Company Sahami Enteshar.
  • Katouzian, N. (1993). Civil family law. Company Enteshar in collaboration with Bahman Borna.
  • Katouzian, N. (2009). General principles of contracts. Company Sahami Enteshar.
  • Karimi, A. (2018). Forty legal discourses. Dadgostar Publications.
  • Maragha’i, M. (1997). Al-‘anawin al-fiqhiyyah. Al-Nashr al-Islami Publications.
  • Manoochehrian, M. (1963). The legal status of women in the world and the family law proposal. Union of Women Lawyers of Iran.
  • Mirza Qomi, A. ibn M. H. (1978). Jam’a al-Shatat. Keyhan Publications.
  • Mozaffari, M. (2009). 'Taxing dowry and its effects on the family institution.' Family Studies Quarterly, 14(16), 553–564.
  • Articles 1387–1581 of the French Civil Code. (2009). Translated by E. Mohseni. Official Translation Bureau, Mashhad.
  • Book 5 of 21 Books in the Third Volume of the French Civil Code.
  • Ibn Sina News Portal. (2022, May 24). Report ID: 1401030201731.
  • Iman News Portal. (2022, May 24( .
  • Ikhtiyar News Portal. (Last 6 months). Bar Association.
  • Office of the Supreme Leader Ayatollah Khamenei. (n.d.). Official Information Portal.

 

منابع لاتین

 

  • Solidarité familiale.
  • Mazand, H., & Leon, H. (1982). Leçons de droit civil: Régimes matrimoniaux (5th ed.). Montchrestien.
  • Masson, J., & McRentney, S. (1997). Principles of family law (6th ed.). Sweet & Maxwell.
Biannual Journal of Family Law And Jurisprudence
Volume 29, Issue 80
April 2024
Pages 75-104

Files

Share

How to cite

Statistics