Adjusting and calculating the dowry at the current rate with emphasis on Imamiyyah jurisprudence and established laws

Document Type : Original Article

Authors
1 Professor of Jurisprudence and Law, Mazandaran University, Babolsar, Iran
2 PhD student in Jurisprudence and Law, Faculty of Theology, University of Mazandaran, Babolsar, Iran.
Abstract
Over time, the value of what was specified in the marriage contract as dowry decreased to the point where dowries, which were common currency, had a significant difference from the time of the contract to the time of payment. Given the existence of inflation, not paying attention to adjusting the debt rate at the moment of maturity and payment is not consistent with legal logic and justice. Considering that usually every debt will have a maturity period, which sometimes may be long, and it is noteworthy that during this period the economic value of the common currency will decrease according to the inflation rate. In this regard, the "dowry calendar at the daily rate" as foreseen in the supplementary note approved in 1376 is evaluable in order to compensate for the decrease in the value of money and is based on the fact that the current currency and its amount are not the responsibility of the couple at the time of marriage, but rather the responsibility is focused on purchasing power, which is defined as a credit issue. Therefore, if purchasing power decreases over time, the couple's responsibility is only discharged by paying an amount of current currency that represents the same amount of purchasing power.
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