The nature of the marriage and the criticism of the excessive marriage portion

Abstract

At the beginning, the marriage portion or dowry was considered as the price for selling the wife to the husband. The marriage portion was changed its nature as a gift by the advent of the divine religions and codification of laws. In modern custom of Iran, the Islamic concept of marriage portion has been completely changed and is no more considered as a gift, but it is security in marriage and divorce penalty. The marriage portion is a debt for the husband that he must pay the wife lawfully and canonically, but he is never able to pay it because of its excessive, or does not intend to pay it at all or if he is exceptionally able to do it, he will refuse to do so. Consequently, by winding up the marriage contract, the wife’s life will not have any security, therefore, law and society will not support her. It is important to study socio. Legal dimensions of marriage portion, and suggestion of fixing religious marriage portion and solution for the security wife’s life after divorce from the law and legal sociology point of view.

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