Dowry of a Virgin Wife in Case of a Spouse’ s Death

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Hosseini Adyani Seyed Moslem

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Jurisprudence and Fundamentals of Islamic Law Year:2019 | Volume:52 | Issue:1 Page(s): 49-70

Download Full-Text

Persian Verion

View:

1,346

Download:

Cites:

Information Journal Paper

Title

Dowry of a Virgin Wife in Case of a Spouse’ s Death

Author(s)

Hosseini Adyani Seyed Moslem | Issue Writer Certificate

Keywords

alimonyQ2

death of spousesQ2

inheritanceQ1

divorceQ1

virgin wifeQ1

sadaqQ1

Abstract

Mahr (dowry) or sadaq is regarded as one of the results of permanent marriage, as a financial right which is paid for spiritual purposes, including glorification of the wife, kindness, and chastity, and as soon as the amount of dowry is determined and the marriage officiated, the husband is obliged to pay it. There is consensus among jurists that the wife becomes entitled to the whole dowry after permanent marriage, but they have different opinions about the conditions that validate a full dowry; all of them agree that one of the conditions is sexual intercourse; therefore, if divorce takes place before any intercourse is performed, half of the dowry is given back to the husband. Disagreement comes in the case of the death of one of the spouses before intercourse; the well-known opinion appends the death to intercourse and assigns full dowry, but the opinion of most famous Shiite jurists appends the death before intercourse to divorce and assigns half dowry; Iran’ s civil law refers to the well-known opinion in this issue. By considering and investigating the foundations and reasons of both opinions, this article seriously criticizes the opinion of full dowry and recognizes the opinion of half dowry to have solid proofs. This article could be a useful solution in order to modify the civil law and decrease the debtors of dowry especially in the case of the death of one of the spouses as an uncalled-for circumstance.

Cites

No record.

References

No record.

Cite

APA: Copy

Hosseini Adyani, Seyed Moslem. (2019). Dowry of a Virgin Wife in Case of a Spouse’ s Death. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 52(1 ), 49-70. SID. https://sid.ir/paper/198452/en

Vancouver: Copy

Hosseini Adyani Seyed Moslem. Dowry of a Virgin Wife in Case of a Spouse’ s Death. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2019;52(1 ):49-70. Available from: https://sid.ir/paper/198452/en

IEEE: Copy

Seyed Moslem Hosseini Adyani, “Dowry of a Virgin Wife in Case of a Spouse’ s Death,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 52, no. 1 , pp. 49–70, 2019, [Online]. Available: https://sid.ir/paper/198452/en

Related Journal Papers