Investigating the legal jurisprudential status of the nature of dowry and its types and rules in the jurisprudence and four religions

Document Type : Original Article

Authors

1 PhD student in Islamic jurisprudence and law, Islamic Azad University, Zahedan Branch, Iran

2 Assistant Professor, Department of Islamic Jurisprudence and Law, Islamic Azad University, Zahedan Branch, Iran

3 Assistant Professor of Islamic Jurisprudence and Law, Islamic Azad University, Zahedan Branch, Iran.

Abstract

Determining the dowry for women's health in marriage is a confirmation in Islam and God Almighty has emphasized to pay it. Although it is emphasized in Islam that the acceptance of dowry is low and its abhorrence is high, but in recent years its amount has increased a lot and this has created problems in the society, for which it seems that the quorum has been determined. It can pave the way. In Islamic jurisprudence, there are two theories about dowry: The first view, which is the well-known opinion of the four general jurists, is that the dowry is not installable, but it depends on the consent of the parties, that the civil law also follows the popular view of the Qur'an and medicine. is. Although the acceptance of this theory in its own time and place did not challenge the dynamic laws and jurisprudence of Shiites, but now the society is waiting for the intervention of the sharia in this category. Despite the fact that in Islam, the acceptance of dowry is low and its abhorrence is emphasized, in recent years, the amount of dowry has increased a lot, and this has created problems for men. One of the problems with the family institution is the dispute over the amount of dowry of the wife, how to pay and increase or decrease it. An increase in the dowry after marriage and sometimes a decrease after the practical beginning of cohabitation.

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 247-264

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