DETERMINATION OF UTMOST DOWRY BY THE WIFE IN THE DELEGATED DOWRY

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IZADIFARD ALI AKBAR; YEGANEH AMIRI ATEFAH; PIRDEHI HAJIKOLA ALI; KAVYAR HOSSAIN

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Journal Paper

Paper Information

Journal: Jurisprudence and Fundamentals of Islamic Law Year:2013 | Volume:45 | Issue:1 Page(s): 0-0

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Title

DETERMINATION OF UTMOST DOWRY BY THE WIFE IN THE DELEGATED DOWRY

Author(s)

IZADIFARD ALI AKBAR | YEGANEH AMIRI ATEFAH | PIRDEHI HAJIKOLA ALI | KAVYAR HOSSAIN | Issue Writer Certificate

Keywords

DOWRY

MARRIAGE CONTRACT

COMPOSITION

DONATION

THE TRADITIONAL DOWRY

THE DELEGATED DOWRY

Abstract

One secondary issue of MARRIAGE CONTRACT, raised as to the DOWRY, is “the delegated DOWRY” in which the bride is authorized to determine the DOWRY. According to juristic rules, the determined DOWRY cannot be more than the Traditional DOWRY (which is equivalent to 500 Dirhams) while according to the article 1090 of Iranian Civil Code it cannot be more than the proper DOWRY (mahr al-mithl). In order to solve that contradiction, two solutions can be raised: first, proper DOWRY cannot be more than the Traditional DOWRY, according to which should the delegated DOWRY be determined as more than the Traditional DOWRY it would not be operative as to the extra amount; and second, in which we believe, should the delegated DOWRY be determined as more than the Traditional DOWRY, the amount up to the Traditional DOWRY would be treated as the Traditional DOWRY and the additional amount as DONATION or COMPOSITION.

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APA: Copy

IZADIFARD, ALI AKBAR, YEGANEH AMIRI, ATEFAH, PIRDEHI HAJIKOLA, ALI, & KAVYAR, HOSSAIN. (2013). DETERMINATION OF UTMOST DOWRY BY THE WIFE IN THE DELEGATED DOWRY. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), 45(1), 0-0. SID. https://sid.ir/paper/602933/en

Vancouver: Copy

IZADIFARD ALI AKBAR, YEGANEH AMIRI ATEFAH, PIRDEHI HAJIKOLA ALI, KAVYAR HOSSAIN. DETERMINATION OF UTMOST DOWRY BY THE WIFE IN THE DELEGATED DOWRY. FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA)[Internet]. 2013;45(1):0-0. Available from: https://sid.ir/paper/602933/en

IEEE: Copy

ALI AKBAR IZADIFARD, ATEFAH YEGANEH AMIRI, ALI PIRDEHI HAJIKOLA, and HOSSAIN KAVYAR, “DETERMINATION OF UTMOST DOWRY BY THE WIFE IN THE DELEGATED DOWRY,” FEQH VA MABANI-YE HOQUQ-E ESLAMI (IRANIAN JOURNAL FOR JURISPRUDENCE & ESSENTIALS OF THE ISLAMIC LAW) (MAQALAT WA BARRASIHA), vol. 45, no. 1, pp. 0–0, 2013, [Online]. Available: https://sid.ir/paper/602933/en

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