The maximum of dowry in Imamia jurisprudence
Journal Title: فقه و اصول - Year 2016, Vol 48, Issue 106
Abstract
The increasing and unlimited cases of burdensome dowries beyond the husband's solvency, leading finally to the enforcement of dowry and divorce, had led some commentators to fix a certain maximum for dowry. The authors, in this article, intend to find a proper theory to resolve this matrimonial problem through reviewing the earlier and later Islamic jurisprudents’ opinions. Although according to the majority of Islamic jurisprudents’ viewpoints, dowry is determined by agreement, there are Islamic jurisprudents who have objected to such agreement and their opinions involve some sort of strategy in fixing the dowry maximum. The author believes that in fixing the dowry maximum, it is better to prefer the sharia’s side i.e. sharia dowry, over the custom side i.e. customary dowry and in fixing the dowry, respect the level of Mahr al Sonna, so that while obeying the sharia’s orders, the dilemma of this age i.e. determining overwhelming dowries often beyond the husbands ability to deliver is contained.
Authors and Affiliations
Mostafa Ghafourian Nejad, Abbas Ali Soltani, Hossein Saberi
Keywords
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- EP ID EP190842
- DOI 10.22067/fiqh.v0i0.24836
- Views 96
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