نوع مقاله : مقاله پژوهشی
1 دانشیار گروه حقوق خصوصی و اسلامی دانشکده حقوق و علوم سیاسی دانشگاه تهران
2 مدرس دانشگاه آزاد اسلامی واحد نجف آباد _ایران
3 دانشجوی کارشناسی ارشد حقوق مالی دانشکده حقوق و علوم سیاسی دانشگاه تهران
عنوان مقاله [English]
In recent years, dowry payments have become an increasingly worrying issue in Iranian society. As a result, a growing number of young men tend not to get married. In this study, the primary purpose, history and amount of dowry according to the Qur’an, hadiths and jurisconsults’ sayings were discussed. Our observations showed that based on well-known jurisconsults’ opinions, there is no conflict between marriage contracts without dowry and the principle of freedom of contract, contrary to the Iranian civil law system which says no dowry marriage can be an effective way of encouraging people into marriage. Moreover, it might be possible that the inheritors of a wife would be not allowed to receive the dowry after her death if this condition was included in the couple’s agreement. The possible solution can motivate more and more people to get married. Finally, the proposed way of the dowry determination could not only guarantee wives’ rights but also prevent unreasonable divorces and promote a stable home. To conclude, the idea of compulsory payment of dowry to the wife may be an appropriate remedy for a slight decrease in the percentage of broken families and of those who see marriage as a business.