The challenge of unconventional dowry with emphasis on the perspective of contemporary jurists

Document Type : Original Article

Authors
1 PhD student in Islamic Jurisprudence and Law, Faculty of Theology and Islamic Studies, University of Mazandaran, Babolsar, Iran.
2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, University of Mazandaran, Babolsar, Iran. (Corresponding Author)
3 Associate Professor of Jurisprudence and Basics of Islamic Law
Abstract
Dowry, as one of the most important rights that a husband has towards his wife, originated from the pre-Islamic era, and Islam has emphasized that from the perspective of Imamiyyah and Sunni jurisprudence, there is no room for doubt, especially since today the way it is determined has become very important. Since the dowry has distanced itself from its existential philosophy and a culture of misplaced belief has spread that considers the amount of dowry to be equal to the value and status of the woman, it has been able to lead to pride even in the traditional strata of society, and unfortunately, the terrible consequences it causes are not paid attention to. Now, considering Islam's emphasis on the desirability of a small dowry, it is necessary to refer to jurisprudential sources. Some jurists, especially the early jurists, believe that there is no ceiling in determining the dowry and consider it illegitimate to determine any ceiling for it, and the husband is obligated to pay the entire dowry. However, another group of jurists, citing some Islamic traditions and rules, and considering the requirements of the time, believed that an unconventional dowry is invalid in the event of lack of ability to pay. Given the lack of intention to pay such an irrational debt and the lack of ability to submit, today it can be believed that such a dowry is invalid.
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