A reflection on the ruling of "Arsh al-Baqarah" in the work of Afaza

Document Type : Original Article

Authors
Hamid Masjidsaraee 1
Hassan Pourlotallah 2
Alireza Abdolreza 2
shafie Abasi Asl 3
1 Associate Professor, Semnan University, Semnan, Iran
2 Graduated from the Department of Fiqh and Fundamentals of Islamic Law, Faculty of Humanities, Semnan University, Semnan, Iran
3 Instructor of Fiqh and Fundamentals of Islamic Law Department, Faculty of Theology and Islamic Studies, Shahid Madani University of Azerbaijan, Tabriz, Iran
10.30497/sj.2023.244987.1299
Abstract
Regardless of the consensus of the jurists regarding the proof of dowry and mahr al-muthl on the man, the payment of "arsh al-bakara" in addition to dowry and mahr al-muthl for the dowry of an immature virgin woman or makra or wati caused by suspicion, has always been the source of disagreement; In such a way that famous jurists consider it necessary to pay Arsh al-Baqarah, but on the other hand, mostly late or contemporaries do not consider it necessary to pay Arash al-Baqarah. This research, using a descriptive and analytical method, tries to align the non-famous point of view with documentation such as the application of traditions, the interference of Arsh al-Baqara in the Mehr al-Mathl in order to validate it in the Mehr al-Mathl in the words of jurists and the custom of the society, the requirement of the principle of innocence and also the lack of legitimate evidence on Arsh al-Baqarah must recognize a valid and defensible promise; After proving the claimant, the approach of the customary legislator in clauses (a) and (c) of Article 664 of Q.M.A. which has been criticized by adopting the popular point of view, which considers the obligation of Arsh al-Baqarah in addition to Mehr al-Mahmal, and as a result, it is suggested to the legislator to remove Arash al-Baqarah
Keywords
Efza
Arsh al-Baqarat
Mahr al-Methl
Ezale Bakarat
Dieh Efaza

  • Receive Date 08 August 2023
  • Revise Date 07 December 2023
  • Accept Date 19 December 2023