Qur̓ān va ṭib
(Quran and Medicine)
Volume 4, Issue 5 (2020)
2020, 4(5): 115-123 |
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Komeili Fard M R, Ali Akbari Babukani E, Heidari M A. Analysis of the legal Jurisprudential Rulings on the Insolvency Payment of Dowry(With Emphasis on Judicial Procedure). Quran and Medicine 2020; 4 (5) :115-123
URL: http://quranmed.com/article-1-500-en.html
URL: http://quranmed.com/article-1-500-en.html
1- PhD Student in Fiqh and Fundamentals of Islamic Law Islamic Azad University of Najafabad, Isfahan, Iran.
2- Assistant Professor, Department of Family Studies, University of Isfahan, Isfahan, Iran (Corresponding Author). , aliakbari@ahl.au.ac.ir
3- Assistant Professor, Department of Fiqh, Islamic Azad University of Najafabad, Isfahan, Iran.
2- Assistant Professor, Department of Family Studies, University of Isfahan, Isfahan, Iran (Corresponding Author). , aliakbari@ahl.au.ac.ir
3- Assistant Professor, Department of Fiqh, Islamic Azad University of Najafabad, Isfahan, Iran.
Abstract: (2223 Views)
Purpose: The purpose of this study is to analyze the legal jurisprudential rulings on the payment of dowry (with emphasis on judicial procedure).
Materials and Methods: In Iranian law, the acceptance of a couple's imprisonment prevents them from being imprisoned. Previously, the judicial procedure was to reject the claims of usury or to determine the installments and the inappropriate deadline for the observance of women's livelihood. With the advent of the policy of deprivation of liberty, dual jurisprudence led to the unconditional acceptance of these claims, and as a result, it became impossible to enforce the dowry.
Findings: In this research, while expressing the concepts, with the focus on litigation, different dimensions of usury lawsuits have been investigated. In the first part, it is pointed out that in terms of not increasing the couple's assets due to the obligation to pay the dowry and the court's ignorance of his financial background, the procedure is to accept the couple's debts. In determining the installments or granting a deadline for the payment of dowry, according to the view of the Imami jurists, the court can install the dowry or grant a suitable deadline until the full payment in terms of the couple's potential, and should not be satisfied with actual cases. Failure to pay attention to this criterion usually leads to not determining the appropriate installments or deadline for paying the debt.
Conclusion: Since the obligations of the treasury are limited in Imami jurisprudence and Iranian law; In these cases, the dowry cannot be revoked from that place.
Materials and Methods: In Iranian law, the acceptance of a couple's imprisonment prevents them from being imprisoned. Previously, the judicial procedure was to reject the claims of usury or to determine the installments and the inappropriate deadline for the observance of women's livelihood. With the advent of the policy of deprivation of liberty, dual jurisprudence led to the unconditional acceptance of these claims, and as a result, it became impossible to enforce the dowry.
Findings: In this research, while expressing the concepts, with the focus on litigation, different dimensions of usury lawsuits have been investigated. In the first part, it is pointed out that in terms of not increasing the couple's assets due to the obligation to pay the dowry and the court's ignorance of his financial background, the procedure is to accept the couple's debts. In determining the installments or granting a deadline for the payment of dowry, according to the view of the Imami jurists, the court can install the dowry or grant a suitable deadline until the full payment in terms of the couple's potential, and should not be satisfied with actual cases. Failure to pay attention to this criterion usually leads to not determining the appropriate installments or deadline for paying the debt.
Conclusion: Since the obligations of the treasury are limited in Imami jurisprudence and Iranian law; In these cases, the dowry cannot be revoked from that place.
Type of Study: Research |
Subject:
Special
Received: 2019/12/29 | Accepted: 2020/02/24 | Published: 2020/03/10
Received: 2019/12/29 | Accepted: 2020/02/24 | Published: 2020/03/10
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