The Suspended Contract and the types of Suspension’s effects are one of the disagreements between scholars of jurisprudence and laws. Meanwhile, the suspension of the Marriage Portion (MAHR) due to the difference in the nature and type of connection with the marriage contract and suspended marriage invalidity can be debatable and contemplated that has not been studied in scientific papers. Differences of marriage portion on temporary and permanent marriage, various effects of suspensions, the legal status of suspended marriage portion in cases of marriage dissolution, Calculate the day rate of suspended marriage portion and etc. are the topics that has been discussed in this research It can be said that the suspension of the marriage portion completely invalidates the temporary marriage, but the suspension of the marriage portion in the permanent marriage is possible due to the contractual and independent nature of the marriage portion.

At the beginning, the marriage portion or dowry was considered as the price for selling the wife to the husband. The marriage portion was changed its nature as a gift by the advent of the divine religions and codification of laws. In modern custom of Iran, the Islamic concept of marriage portion has been completely changed and is no more considered as a gift, but it is security in marriage and divorce penalty. The marriage portion is a debt for the husband that he must pay the wife lawfully and canonically, but he is never able to pay it because of its excessive, or does not intend to pay it at all or if he is exceptionally able to do it, he will refuse to do so. Consequently, by winding up the marriage contract, the wife’s life will not have any security, therefore, law and society will not support her. It is important to study socio. Legal dimensions of marriage portion, and suggestion of fixing religious marriage portion and solution for the security wife’s life after divorce from the law and legal sociology point of view.

Determining marriage portion, more than reasonable amount, by spouses which is not in financial ability of husband, has got legal common problem. The husband is usually undertaken by this kind of marriage portion generally, where as the circumstances indicate that he dosen’t have enough capability to pay it and there is no reasonable possibility for his ability in the future as well. Some authors have already mentioned the invalidity of these types of marriage portions for impossible delivery, but this objection has not been invoked in Islamic Jurisprudence (Fegh). The author believes that the nullity of marriage portion invoked by the above inference may be accepted exclusively by taking some general principles of law, and while considering the probabilities in the issue, the theory of invalidity of marriage portion, which are more than reasonable amount, has been preferred because of impossible delivery.

One of the matrimonia, and in the meantime controversial issues is the legal outcome of a wife action when she waives her claim to her marriage portion or transfers it as a gift to her husband. Generally speaking, under shariat, marriage is considered a religious duty. It is also regarded as an ethical and social contract. Seen in this way, its consequences are not confined to the spouses matrimonial relationship inter, but, as a legal rule, it transcends the ambit of the free will or the consent principle and as such, it is treated as a distinct legal institution whereby order can be assured.One of the wives matrimonial rights is dowry or marriage portion. Upon agreement to its value or amount and, once the marriage contract is executed, the entitlement to it will be effectuated as follows: in cases where the marriage portion is chooses in possession, then upon marriage it becomes the wife property; however, in cases where it is chooses in action then upon marriage wife will be the creditor and accordingly will be entitled to claim it immediately. Yet, according to Article 1092 of IRI Code if the husband divorces his wife before the consummation of marriage, the wife will be entired to half of the marriage portion he has the right to demand the return of the surplus, in original, in the equivalent, or in value. In comparing Articles 1092 and 1082 of the IRI Civil Code one may come to the conclusion that of that if divorce occurs before the consummation of marriage the wife will lose half of her portion marriage to her husband. However, during the course of such shifts in ownership, the wife may either waives her right of claim to her marriage portion or transfer it to the husband as a gift. Under these circumstances, as many authorities have concluded, the wives legal position will change from an owner or a creditor into a debtor. The main object of this essay is to examine such lines of approach and offer some feasible propositions.

Although the determination of dower (marriage portion, marriage settlement) in a permanent marriage contract is not a condition based on verse 24 of Surah An-Nisa (in Arabic text: النساء ), traditions reported by numerous authorities (successive widely transmitted) and the consensus of jurists and marriage without mentioning the marriage portion is also a completely valid contract, but it is assumed sometimes that not only the dower is not mentioned in the text of the contract, but marriage is conditioned to absence of marriage portion and the lack of marriage portion is conditioned by one of the spouses or both. Now the question is: What is basically, the ruling of the condition of absence of marriage portion in marriage, and consequently, what is its effect on the validity and invalidity of the marriage contract itself? The present article, using descriptive-analytical method, has tried to achieve the conclusion that the condition of absence of marriage portion in marriage is correct or, at least, can be used as a presumption, despite the famous jurisprudential opinion that such a condition is invalid, while criticizing and rejecting the evidence of the ruling, such as verses and ḥ, adī, th (pl. aḥ, ā, dī, th, literally “, talk”,or “, discourse”, , narrations), in addition to weakening the famous opinion and this is the main finding of the research.

Purpose: This research investigates marriage portion and its influence on family institution.Methods: This paper is a descriptive analytical research which comparatively studies this issue in viewpoint of lawyer and Islamic Jurist.Conclusion: Taxation on marriage portion is not only originated from Islamic jurisprudence but also it is contrary to famous view of Islamic jurist because parties in this contract (marriage) can agree on marriage portion on the basis of their consent. It seems that government because of encouraging younger person to get marriage and prevention of escalation of marriage portion has provided this provision. It is inferred from civil code, constitution and Islamic jurisprudence that the government is not allowed to inter and interfere in these kinds of issues, therefore article 25 will not be valid for these reasons.Discussion: Moral principal in family, as one of the most important institution, have special status and influence on destination of society members. In order to pass mandatory law, particularly family law, legislator should consider moral and religious rules and costumes. This kind of legislation has negative consequences. In accordance with Article 25, Family Protection Draft Bill, economy ministry must levy tax on unreasonable marriage portion. Regardless of existence of vagueness in this act, passing this act have been resulted in removing the logic order of this Draft Bill, e.g. and some obvious conflicts are revealed; for article 25 and note of article 23. At present, the question which arises is that whether this provision is consistent with legal principal of family law, and in conflict between Article 25 and 23 which article is preferred.

Specific rules such as division of marriage portion into halves in case of divorce before sexual intercourse and the wife’ s right to refrain from submission until the marriage portion is paid have been applied to marriage portion according to Islamic jurisprudence and law of Iran. A significant question arises whether the spouses may, after concluding the marriage contract, increase the amount of specified marriage portion by mutual consent so that the marriage portion rules apply to the added amount? This paper, through descriptive-analytic method, has studied the above said issue in jurisprudence of Islamic schools of thought and Iranian law. The results of this paper indicate that there is controversy regarding this question in the Islamic jurisprudence. The Hanbalis and some Hanafis apply the rules of marriage portion to the added amount. According to the opinion attributed to Malik ibn Anas despite the increase is accepted, a number of portion rules would not be applied to this amount. The Imami and Shafi‘ i jurists do not consider the added amount as marriage portion. A review of the evidences proves that non-application of portion rules to the added amount is stronger. As regards this question, there is controversy in the Iranian law. In order to prove the validity of agreement to increase the specified marriage portion and application of marriage portion rules to the added amount, a number of evidences including freedom and validity of contracts principles, Taslit Rule, marriage portion not being an essential element of permanent marriage, 24th verse of Surah Al-Nisa, the right to decrease the specified marriage portion and validity of calculating cash money marriage portions at the daily rate have been put forward. However, in this paper, after the above said evidences have been reviewed, their capability to prove and their signification as to the application of specified marriage portion rules to the added amount has been refused. Nonetheless, it has been emphasized that given the fact that marriage is a part of personal status, under principles 12 and 13 of the Iranian Constitution, the religion and religious schools minorities are free to obey the rules of their own religion and school.

Hajj as one of the devotional-social necessary religious duties, has special conditions among which is Muslim`s financial ability referred to in the verse: for him who can find a way thither, with this regard Hajj would be necessary for every man and woman. Given financial ability of a woman, Hajj would undoubtedly be legally necessary to her in the case of other conditions. Given her properties including her marriage portion. Now the question arises: may the women demand her portion, providing its being enough for Hajj, from her husband with regard to the fact that her husband will pay for all all needs in their common life? Trying to reply the question is more emphasized regarding the case that the very marriage portion be sufficient for the woman to become of financial ability for Hajj and the portion have been written as receiveable at any time demanded. Such being the case, may the financial ability be counted as legal? And again, if the demand leads to case of illegacity what may be taken as a lawful rule? In this study, the descriptive and analytic method has been used and the Quranic verses in the field and the views of commentators and jurisprudents have been surveyed and, finally, it seems that financial ability is something based on common sense and in the case mentioned it would not occur.

The marriage portion plays a key role in the marriage. According to the sacred orders of Islamic religious law, the marriage portion is a nominal gift which is given to the bride by the groom and can guarantee the permanence of the marital bind between the two. But unfortunately, nowadays, its legal claim on the part of the females has led to several social problems. The purpose of this study is to investigate the social conditions and factors impacting the claim on the marriage portion by the newly-married females of Shahrekord city in 2010. The present research is a descriptive-analytic survey. The population includes all the newly-married females who have claimed their marriage portion in the court. The population was 90 sets including 2293 females. The sample, according to Cochran formula, was estimated 328 individuals, which was increased to 337. All the statistical units were selected as available. All the data were collected through two questionnaires, a researcher-made questionnaire and Alport standard questionnaire of religious siding, and finally the data were analyzed using the SPSS software version 19 and linear regression tests, lateral variance analysis, and t of independent groups. The validity of the tools was confirmed by content validity and the reliability was measured through Cronbach coefficient which was higher than 0.7 in all dimensions. The results showed that the socio-economical status was very high (9.8% very low, 19.6% low, 32.9% near average, 17.5 average, 8% high, and 5.9% very high). Also, the economical status of their families was lower than average; the understanding between the couple was 3.6% low, 38.6% average, 34.7% high and 23.1% very high. The materialistic motives of the respondents in marriage was higher than average. There had been 14.8% divorces in the natal family, the high percentage of which was mostly on the part of sisters of the respondents. There had been 30.3% history of addiction in the natal family, the high percentage of which was on the part of the brothers, and 12.5% history of penitentiary, the high percentage of which was on the part their brothers. The family conflict of the respondents was lower than average. Religious siding of the respondents was 34.1% external and 65.9% internal. The tendency to claim their marriage portion was 3.95% low, 32.3% average and 63.8% high. The results of the hypotheses suggest that: age, the amount portion, and religious siding were insignificant in the females' claiming the marriage portion. But the educational degree, the socio-economical status, the dating period, family conflicts, the scale of understanding, the materialistic motives, and the religious beliefs have significantly influenced the females' claiming the marriage portion.

As one of the components of marriage, “marriage portion” is an ancient tradition among Muslims which follows particular customs and methods. Although this custom is from those sanctified by Islamic Shari’ah, it underwent some changes. Some changes such as the amount of marriage portion and its being the right of woman herself taken as a substitution for the previous customs. This custom was subject to changes rooted in the Muslims. Livelihood during various Islamic periods and underwent evolutions. With all the Islamic emphasizes and formation of Mahrulsonnah within the Islamic society and insistence on its moral nature, a clear pattern was never followed by the Muslims. Based on various reasons, this category was passed through a path full of ups and downs and some evolutions happened for it in the Islamic society. It has been attempted to indicate an image of this custom during the first two Islamic centuries which is, to some extent, Islamic tradition realization.