نوع مقاله : مقاله علمی - پژوهشی
عنوان مقاله English
نویسندگان English
Respect for women and the protection of their financial rights constitute fundamental principles of Islamic law. Dowry, as one of the most important financial rights of the wife, reflects respect for her dignity and guarantees her financial independence and security within marital life. The Iranian legislator also emphasizes the protection of the wife’s right to dowry. Nevertheless, a wife may claim dowry despite committing fault or misconduct. In such circumstances, obligating the husband to pay the full dowry may be inequitable and may result in psychological harm and the loss of his life assets. Iranian legislation has not adequately addressed this issue.This study adopts a comparative analytical approach to examine the jurisprudential foundations, Iranian law, and the Iraqi legislative experience concerning the role of the wife’s disobedience and fault in the establishment or adjustment of dowry. The findings indicate that although both legal systems emphasize the principle of entitlement to dowry, Iraqi law by recognizing the wife’s effective fault allows dowry adjustment in specific cases. In Iranian law, recognizing the institution of dowry adjustment, based on Quran nisa (19) and jurisprudential principles such as no-harm, action, justice, may provide an effective mechanism for legal reform and the realization of family justice.
کلیدواژهها English