نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، گروه فقه و حقوق اسلامی، دانشکده الهیات و علوم اسلامی، دانشگاه تبریز، تبریز، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Changing the amount of dowry after the marriage is one of the legal issues affecting the couple, as a result of which, the party who does not benefit from this legal act requests the annulment of the mentioned legal act. The legal status of the issue is controversial due to conflicting legal documents and different views about the changeability of dowry after the marriage, both in judicial procedure and from jurists' point of view. This study was conducted with the aim of identifying the origin of the conflict of the judicial procedure about the possibility of changing the dowry after the marriage and presenting its solution, in order to achieve a scientific answer in establishing the unity of the judicial procedure in this issue. For this purpose, all the statements related to the issue were reviewed and the results showed that it is possible to reach a result in this issue by explaining the nature of the dowry in terms of changeability. Therefore, the proposed viewpoints about the nature of the dowry, such as the exchangeability and the non-exchangeability of the dowry (which included three views, namely, the dowry being considered an independent contract, the dowry being considered an obligation alongside the contract, and the dowry being considered a quasi-contract) were collected and analyzed in an analytical-documentary way. It was also concluded that dowry does not have an exchangeable nature and is an independent task that a man is obliged to perform. Although the principle of existence of dowry is an imperative rule, its amount, dependent on the agreement, has two wills and there are many reasons that indicate that it can be changed after the marriage. As a result, it is suggested that the Supreme Court of the country end the conflict in the judicial procedure by issuing a unifying opinion.
کلیدواژهها [English]
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