A REFLECTION ON GHARAR IN DOWRY WITH AN APPROACH TO END AL-ESTETA’AH CONDITION

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AQAEI BEJESTANI MARYAM; ROHANI MOQADDAM MOHAMMAD

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Journal: Islamic jurisprudence Resaerch Year:2017 | Volume:13 | Issue:2 Page(s): 321-339

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Information Journal Paper

Title

A REFLECTION ON GHARAR IN DOWRY WITH AN APPROACH TO END AL-ESTETA’AH CONDITION

Author(s)

AQAEI BEJESTANI MARYAM | ROHANI MOQADDAM MOHAMMAD | Issue Writer Certificate

Keywords

MARRIAGE CONTRACTQ1

DOWRYQ1

GHARAR (AN UNKNOWN OR UNCERTAIN ITEM OF A CONTRACT)Q2

END AL-ESTETA’AHQ2

Abstract

The experts take two different approaches to the nature of MARRIAGE CONTRACT. Some of the experts insist that the MARRIAGE CONTRACT is among commutative contracts and consider DOWRY in exchange for sexual intercourse that necessitate all conditions of commutative contracts including denial ofgharar. In contrast, some of the experts, with respect to the divine nature of the family institute and the importance of intimacy and proximity between couples, reject it and believe that it is negligence to consider MARRIAGE CONTRACT a mere commutative contract. Therefore, the DOWRY is not considered in exchange for sexual intercourse and establishment of gharar makes no problem. Scholars like Ibn Barraj, providing concrete examples of DOWRY like teaching a sura of the Quran, insisted on the fact that the same (little) amount of gharar in DOWRY is not accepted and the name of the sura also should be mentioned. Therefore, it can be said that restriction of DOWRY by the condition that whenever man can afford (End Al-Esteta’ah) strengthen the doubt of gharar in such a DOWRY. The present article reviews gharar in DOWRY and asserts that even if END AL-ESTETA’AH DOWRY is not challenged by the problem of gharar, actually it has no result except imposing administrative burden on the wife that is followed by administrative and social challenges for her.

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APA: Copy

AQAEI BEJESTANI, MARYAM, & ROHANI MOQADDAM, MOHAMMAD. (2017). A REFLECTION ON GHARAR IN DOWRY WITH AN APPROACH TO END AL-ESTETA’AH CONDITION. ISLAMIC JURISPRUDENCE RESEARCH, 13(2 ), 321-339. SID. https://sid.ir/paper/221000/en

Vancouver: Copy

AQAEI BEJESTANI MARYAM, ROHANI MOQADDAM MOHAMMAD. A REFLECTION ON GHARAR IN DOWRY WITH AN APPROACH TO END AL-ESTETA’AH CONDITION. ISLAMIC JURISPRUDENCE RESEARCH[Internet]. 2017;13(2 ):321-339. Available from: https://sid.ir/paper/221000/en

IEEE: Copy

MARYAM AQAEI BEJESTANI, and MOHAMMAD ROHANI MOQADDAM, “A REFLECTION ON GHARAR IN DOWRY WITH AN APPROACH TO END AL-ESTETA’AH CONDITION,” ISLAMIC JURISPRUDENCE RESEARCH, vol. 13, no. 2 , pp. 321–339, 2017, [Online]. Available: https://sid.ir/paper/221000/en

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