The Effect of Divorce Before Intimacy on the Cancellation of Dowry
Subject Areas : Civil Law
Mohammad ali
Rasouli moghadam
1
(Master of Laws student, Islamic Azad University, Rasht Branch, Gilan, Iran.)
Keywords: release, release of dowry of bride, divorcing before intercourse.,
Abstract :
In the article 1092 of Civil Rights, it is mentioned that: “ If the husband divorces his wife before having intercourse, she is entitled to the half of dowry of bride and if the husband had given more than half of dowry of bride before the intercourse, he would have entitled to the residue of the half of itself or its price.”, in this case; the question is that if the wife forgives release all or more than half of(dowry of bride, which is exactly the husband’s total duty ) after marriage contract and the husband divorces her before having intercourse with her, since release is a kind of possessing and domination of the debt or is similar to the loyalty to a pledge, and considering the command in the article above; does the wife owes the residue of the half of dowry of bride The popular response to this question by the Faghihs of Imamia is positive whereas other Faghihs and lawyers disagree with their view. While studying this subject; in this essay, we will try to understand the evidences of those in favor and opponents of this and will observe some aspects of the topic that have been less taken into consideration.
1. Imamieh, Seyed Hassan, Civil Law, Islamic Publications, Tehran 1998, vol. 1
2. Imamieh, Seyed Hassan, Civil Law, Islamic Publications, Tehran 1998, vol. 4
3. Ansari, Masoud, Taheri and Mohammad Ali, Private Law Encyclopedia, vol. 1, first edition, Mehrab Publications, Tehran 2005, p. 110
4. Har Ameli, Sheikh Mohammad bin al-Hasan, Wassail al-Shia ila Tahsil Masail al-Shariah, Al al-Bayt Institute for the Revival of Heritage, Qom 1413 AH
5. Khomeini, Ruhollah, Translation of Tahrir al-Wasilah, Imam Khomeini's Works and Publications Organization, Qom 2007
6. Shahid Awwal, Mohammad bin Maki, Luma Damascusia, translated by Shirvani, Ali, Dar al-Fikr Publications, Qom 2008, vol. 2
7. Shahid Thani, Zain al-Din bin Ali, Translation of Legal Issues in Luma, compiled and translated by Asadullah Lotfi Majd, Tehran 2010
8. Shahidi, Mehdi, Collapse of Commitments, Majd Publications, Tehran 2004
9. Safaei, Seyed Hossein and Emami, Asadullah, Family Law, University of Tehran Press and Print, Tehran 2008, vol. 1
10. Fayd al-Islam, Nahj al-Balaghah, translated by Dashti, 10th edition, Tabaan Publications, Qom 2001
11. Qomi, Mirza Abu al-Qasim, Jame' al-Shatat, edited and supervised by Morteza Razavi, Keyhan Institute, Tehran 1992, vol. 4
12. Mohaqeq Damad, Seyed Mostafa, A Jurisprudential Study of Family Law: Marriage and Its Dissolution, Center for Islamic Sciences Publications, Tehran 2008
13. Katouzian, Nasser, Civil Law (Obligations), Mizan Publications, Tehran 2008
14. Katouzian, Nasser, Civil Law (Family Law), Bahman Borna Publications, Tehran 1999, vol. 1
15. Najafi, Mohammad Hassan, Jawahir al-Kalam fi Sharh Shara'i al-Islam, Dar al-Ketab al-Islamiyah Publications, Tehran 1987, vol. 31
16. Nuri, Mirza Hassan, Mustadrak al-Wasa'il, Al al-Bayt Institute, Qom 1986, vol. 15
17. Parsapour, Mohammad Bagher, Cancellation in Iranian and English Laws, Legal Articles Bank (www.lawnet.ir)
18. Velayoon, Reza, Conflict of Logic and Justice in the Cancellation and Giving of Dowry, Journal of Law and Political Science, University of Tehran, vol. 37, no. 4, winter 2007.
19. Holy Quran