نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The issue of dowry has become one of the social and family-related problems nowadays, so that youngmen do not agree to marriage due to the fear of paying dowry and avoid it.Therefore, in the present article, we first discussed the purpose, history, and amount of dowry from the perspective of the Qur'an, hadiths,and the sayings of jurists, and further discussed the position that the condition of no dowry in the marriage deed from the perspective of famous jurists, conflicts with theprinciple of freedom of contract and It does not have contracts; contrary to the civil law of Iran, which .does not see the condition of no dowry in marriage as effective.And this issue has also been criticized and we have justified it that if the couple , it is possible to preventthe inheritance of the unclaimed dowry due to thedeath of the wife to her heirs by including atermination clause, and it is clear that attention to thiskind of Abandoned conditions can be an effective stimulus in the formation of more families.Finally, we answered the question of how the dowry ofthe wife should be determined so that both the rights of the wife are preserved and it leads to the stability and non-dissolution of the legal institution of marriage through divorce. It has been said that it is appropriate to solve the problem of the rapid collapse of the family community to some extent and ultimately lead to refusing to recognize the .establishment of Mehr under the title of business.
کلیدواژهها English