Critical review of reasons of halving of forgiveness of dowry (Ebra) with the assumption of divorce before sexual intercourse
One of the financial effects of marriage is the wife's possession of the dowry; In religious resources there are much emphasis on the virtue of forgiveness of dowry especially before sexual intercourse. According to the most Imami jurists, if divorce occurs after forgiveness of dowry and before...
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| Format: | Article |
| Language: | fas |
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Imam Sadiq University
2021-10-01
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| Series: | فقه و حقوق خانواده |
| Subjects: | |
| Online Access: | https://flj.journals.isu.ac.ir/article_76083_98435bf8ad93068601ed988483f1a5d9.pdf |
| _version_ | 1811341395705724928 |
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| author | mohammad reza hamidi |
| author_facet | mohammad reza hamidi |
| author_sort | mohammad reza hamidi |
| collection | DOAJ |
| description | One of the financial effects of marriage is the wife's possession of the dowry; In religious resources there are much emphasis on the virtue of forgiveness of dowry especially before sexual intercourse. According to the most Imami jurists, if divorce occurs after forgiveness of dowry and before having sexual intercourse, the wife will be obliged to return half of the dowry that she has not taken. At first sight, such issue seems to be inharmonious with legal conscience. ; in this article, the reasons of these famous legal presumption have been criticized and according to the lack of guarantees , forgiveness of dowry, weakness in narration indicating halving, and the other theories have been strengthened ; Also, according to the incompatibility of halving of forgiveness dowry with legal and customary conscience, it is necessary to base on the certainty as a legalized in this area; due to this fact, in forgiveness of dowry, the principle might be the presence of a condition of collusion to the continuation of the marriage, and in the case of divorce, the right of recourse will be valid; This problem reinforces the relations between jurisprudence and moral values in the rules and principles related to the family. |
| first_indexed | 2024-04-13T18:54:48Z |
| format | Article |
| id | doaj.art-b542b619eeb94e458974ec65418ef993 |
| institution | Directory Open Access Journal |
| issn | 2538-5291 2538-5283 |
| language | fas |
| last_indexed | 2024-04-13T18:54:48Z |
| publishDate | 2021-10-01 |
| publisher | Imam Sadiq University |
| record_format | Article |
| series | فقه و حقوق خانواده |
| spelling | doaj.art-b542b619eeb94e458974ec65418ef9932022-12-22T02:34:18ZfasImam Sadiq Universityفقه و حقوق خانواده2538-52912538-52832021-10-012675295410.30497/flj.2022.242482.176176083Critical review of reasons of halving of forgiveness of dowry (Ebra) with the assumption of divorce before sexual intercoursemohammad reza hamidi0Assistant Professor of Department of Jurisprudence and Principles of Islamic Law, Faculty of Theology & Islamic Studies, Shahid Chamran University of Ahvaz, Ahvaz, IranOne of the financial effects of marriage is the wife's possession of the dowry; In religious resources there are much emphasis on the virtue of forgiveness of dowry especially before sexual intercourse. According to the most Imami jurists, if divorce occurs after forgiveness of dowry and before having sexual intercourse, the wife will be obliged to return half of the dowry that she has not taken. At first sight, such issue seems to be inharmonious with legal conscience. ; in this article, the reasons of these famous legal presumption have been criticized and according to the lack of guarantees , forgiveness of dowry, weakness in narration indicating halving, and the other theories have been strengthened ; Also, according to the incompatibility of halving of forgiveness dowry with legal and customary conscience, it is necessary to base on the certainty as a legalized in this area; due to this fact, in forgiveness of dowry, the principle might be the presence of a condition of collusion to the continuation of the marriage, and in the case of divorce, the right of recourse will be valid; This problem reinforces the relations between jurisprudence and moral values in the rules and principles related to the family.https://flj.journals.isu.ac.ir/article_76083_98435bf8ad93068601ed988483f1a5d9.pdfforgiveness of dowryhalving of dowrydivorcesexual intercoursebenefaction |
| spellingShingle | mohammad reza hamidi Critical review of reasons of halving of forgiveness of dowry (Ebra) with the assumption of divorce before sexual intercourse فقه و حقوق خانواده forgiveness of dowry halving of dowry divorce sexual intercourse benefaction |
| title | Critical review of reasons of halving of forgiveness of dowry (Ebra) with the assumption of divorce before sexual intercourse |
| title_full | Critical review of reasons of halving of forgiveness of dowry (Ebra) with the assumption of divorce before sexual intercourse |
| title_fullStr | Critical review of reasons of halving of forgiveness of dowry (Ebra) with the assumption of divorce before sexual intercourse |
| title_full_unstemmed | Critical review of reasons of halving of forgiveness of dowry (Ebra) with the assumption of divorce before sexual intercourse |
| title_short | Critical review of reasons of halving of forgiveness of dowry (Ebra) with the assumption of divorce before sexual intercourse |
| title_sort | critical review of reasons of halving of forgiveness of dowry ebra with the assumption of divorce before sexual intercourse |
| topic | forgiveness of dowry halving of dowry divorce sexual intercourse benefaction |
| url | https://flj.journals.isu.ac.ir/article_76083_98435bf8ad93068601ed988483f1a5d9.pdf |
| work_keys_str_mv | AT mohammadrezahamidi criticalreviewofreasonsofhalvingofforgivenessofdowryebrawiththeassumptionofdivorcebeforesexualintercourse |