نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار دانشکده حقوق دانشگاه ادیان و مذاهب قم
2 طلبه سطح 3 حوزه علمیه قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
This research examines the theory of interpretation in favor of the wife in dowry restitution lawsuits. The main issue is the challenges in proving the wife's ownership of the dowry in the courts, which often leads to the impossibility of returning it. The necessity of the discussion is raised in order to ensure justice and the right of the wife, because in most cases, the wife is not able to prove her ownership due to the lack of records or sufficient documents. The main question is whether it is possible to base the interpretation in favor of the wife in dowry restitution lawsuits. This research was done with a descriptive-analytical method and a comparative approach to Imami jurisprudence. The most important results are: 1) the possibility of interpretation in favor of the wife based on the rule of primacy of appearance over the principle, 2) the existence of jurisprudential and narrative documentation for this theory, including the sahih of Rifaa bin Musa Nakhas, 3) the necessity of reforming the existing judicial procedure in order to support The rights of the wife, 4) the compatibility of this theory with the custom of the society in the provision of dowry by the wife, 5) the positive functions of this theory in providing justice, protecting women's rights and reducing family disputes. This research suggests that the interpretation approach should be adopted in favor of the wife in dowry restitution lawsuits to fill the gap in the judicial procedure and help the wife's rights.
کلیدواژهها [English]
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