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Information Journal Paper

Title

Jurisprudential and legal study of dowry forgiveness in family law

Pages

  453-463

Keywords

Abstract

 Background and Aim: Dowry is one of the rights reserved for the wife. This right is such that can be Waivered by wife to the husband and can be done in different ways, the present research studies the jurisprudential and legal nature of Waiver of Dowry. The question is what the attitude of jurisprudence and law towards the Waiver of Dowry is? Materials and Methods: This research’ s approach is descriptive-analytical and tries to extract and analyze the jurisprudential and legal nature of the Waiver of Dowry in a qualitative way Results: A woman is one of the members of the smallest social unit, which is the family. In the law, Dowry is considered as a protection for her. The wife can waive this right for any reason. Waiver of Dowry is in the form of various forms such as: Gift, forgiveness, Peace, unilateral obligation, which has consequences. Among those consequences are: the husband's exemption from payment of Dowry, the lack of right of imprisonment for the wife. Ethical considerations: In all the writings of the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed. Conclusion: Therefore, the legal nature of Waiver of Dowry should be weighed against the intention, will and purpose that the woman uses to Waiver it. Explaining that if the Dowry was Waivered for the purpose of a Gift, the nature of the contract would be a Gift, if it was with the intention of acquittal, its nature would be unilateral obligation. If it is done with the intention of Peace, it will be the nature of a Peace contract.

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    • Cite

    APA: Copy

    Hafezi, Somayeh, AZIMI GAREKANI, HADI, & Emam, Seyyed Mohammad Reza. (2021). Jurisprudential and legal study of dowry forgiveness in family law. MEDICAL LAW, 15(Special Issue on Legal Innovation ), 453-463. SID. https://sid.ir/paper/410325/en

    Vancouver: Copy

    Hafezi Somayeh, AZIMI GAREKANI HADI, Emam Seyyed Mohammad Reza. Jurisprudential and legal study of dowry forgiveness in family law. MEDICAL LAW[Internet]. 2021;15(Special Issue on Legal Innovation ):453-463. Available from: https://sid.ir/paper/410325/en

    IEEE: Copy

    Somayeh Hafezi, HADI AZIMI GAREKANI, and Seyyed Mohammad Reza Emam, “Jurisprudential and legal study of dowry forgiveness in family law,” MEDICAL LAW, vol. 15, no. Special Issue on Legal Innovation , pp. 453–463, 2021, [Online]. Available: https://sid.ir/paper/410325/en

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