Abstract

The condition of dividing property as one of the most important conditions of marriage in the Iranian legal system is envisaged with the aim of creating economic balance between the spouses and protecting the wife in the event of dissolution of the marriage. The present study, using a descriptive-analytical method and based on library studies, seeks to examine the jurisprudential foundations and legal documents of this condition. The main issue of the research is what is the nature of the condition of dividing property from the perspective of Imami jurisprudence and the general rules of contract law? The research findings show that this condition, relying on the generalities of the evidence of keeping the promise, such as "fulfill the contract" and accepting the conditions of the contract in Imami jurisprudence, has the ability to be justified jurisprudentially and legally, but due to the lack of precise clarification of the scope of the assets included and the criteria for its evaluation, it faces differences of interpretation and conflict of procedure in its implementation. As a result, although the condition of dividing property in half can serve as a supportive mechanism to ensure economic justice in the family, its effectiveness depends on a more precise explanation of the concepts and the provision of clear interpretative criteria at the legislative and judicial levels.