Document Type : Original Article

Authors

• Mohammad Roshan ¹
• ismaiel mohammadpoor ²

¹ Associate Professor of Private Law at Shahid Beheshti University

² Master of Private Law at Imam Sadiq(a.s) University

Abstract

Dowry (Mahryia) is one of the foundations of marriage contracting, that the lack of it in Temporary marriage leads to its deterioration. After the conclusion of the marriage and the appointment of the dowry, with the determinations of the factors, the dowry is set to halve and the wife can only receive half of it. The Iranian civil law has been named in the three articles about halving the dowry (Mahryia). The history of Shi'i jurisprudence shows that there are more than three cases. Therefore, in accordance with Article 167 of the Constitution and as well as Article 3 of the Code of Conduct for Public and Civil Revolutionary Courts, Judges are required to investigate authoritative Islamic sources or credible Fatwas. This research tries to extract jurisprudential reasons to be used as a solution and reason for understanding the issues of the law. Therefore, the purpose of the Quranic and narrative research is to address the reasons why the dowry (Mahryia) is halving.

Keywords

• marriage
• Halving the Dowry
• Shaky Property
• Fixed Ownership
• Ijtihadi Reasons