Increasing the Amount of Dowry in Iran Legal System

فقه و حقوق خانواده

فریده شکری¹ 

[1] دکتری حقوق خصوصی و استادیار دانشگاه امام صادق ع پردیس خواهران;

关键词: marriage;    dowry;    increasing dowry;    administrative court of justice;    organization for registration of deeds and property;    guardian council;   

DOI  :  10.30497/flj.2011.39749

来源: DOAJ

【 摘 要 】

Increasing the amount of dowry after marriage contract is a common agreement between the couple. Although it has been accepted in the society, but still there is a controversy about the legal status of such agreement. This is an issue which has lead to a dispute among religious authorities. This issue was taken to the Administrative court of justice that will accept the increase of dowry in case of arranging an official document in the organization for registration of deeds and property. Moreover the Guardian Council was also inquired about the religious decree of increasing the amount of dowry. They have contradicted the above mentioned issue which is against the divine and legal principles. Finally the public board of Administrative Court of Justice has invalidated this issue. While the legal principles such as freedom of will, contract, and fulfillment of commitment are settled by the mutual agreement of parties concerned. Moreover the legal status of individual contract as a duty of the Guardian Council is not stated clearly in the constitution and also it is not mandatory for the Court of Justice to execute the verdict regarding the above mentioned issue. The present article tries to answer the relevant questions on the basis of the nature of dowry, jurisprudential principles, and its consultative opinion. Some suggestions are also offered.

【 授权许可】

Unknown