نوع مقاله : مقاله پژوهشی
نویسندگان
1 داتشکاه شهید بهشتی
2 دانشیار دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The substantive laws of many Islamic countries are partly derived from the teachings of Islamic Sharia. In line with honoring the status of women, these legal systems recognize certain financial rights for the wife not only during marriage but also upon its dissolution. One of the fundamental financial rights of the wife is the right to dowry. In the legal systems of Iran and other Islamic countries such as Iraq and Algeria, the wife becomes entitled to the specified dowry upon the conclusion of the marriage contract. Although ownership of one-half of the dowry reverts to the husband in the event of divorce prior to consummation, the wife’s entitlement remains legally recognized and protected. This study adopts a comparative–analytical approach to examine types of dowry and the grounds of entitlement to and forfeiture of dowry in the legal systems of Iran, Iraq, and Algeria. The findings indicate that the rules governing entitlement or non-entitlement to dowry are largely similar across these legal systems. However, unlike Iran and Iraq, Algerian law considers the determination of dowry a condition for the validity of a permanent marriage contract. Iraqi law, by providing for the valuation of monetary dowry based on the gold value at the time of the marriage contract and distinguishing between prompt and deferred dowry, as well as linking the wife’s fault in marital dissolution to her entitlement, has introduced regulations more consistent with the principles of justice emphasized in Islamic law. These measures remain largely absent in Iranian law.
کلیدواژهها [English]
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