specialty journal of politics and law
Investigating Jurisprudence Decree of Dowry
Mohsen Shahabi, Mohammad Khabbaz zadeh, Samira Okhravi, Zahra Ghorbani Ghojdi
In Iran, Dowry is based on tradition and religion, as it cannot be found in Western law. Woman's dowry or condescension relationship cannot be compared with change and exchange relationship in national contracts. Woman does not sell herself with dowry, but affiances a man and its coercive effect is man's obligation to pay dowry. That is why the cancellation and invalidation of dowry will not eliminate marriage and not exempt woman of her duties. Hence, the present study examines jurisprudence decree, history, quantity, psychological effects, economic functions, and types of dowry in verses and hadiths. It also investigates the following matters: why does man is obligated to pay dowry? what can be considered as dowry? and in case of failure in dowry payment, if marriage is void or not? and what is dowry status in Islam?