revocation of husband for the half of dower , in case of divorce before sexual intercourse and after the discharging of dower by wife, from the perspective of Islamic religions.

Subject Areas : All jurisprudential issues

Tayebeh Arefnia ¹ , Seyyed MohammadReza Ayati ^{2 *}

1 - Tayyaba Arefnia, Assistant Professor, Department of Fiqh and Fundamentals of Islamic Law, Memorial Unit of Imam Khomeini, Islamic Azad University, Tehran, Iran, <corresponding author> [e-mail]
2 - Professor, Faculty of Law, Theology and Political Science, Tehran University of Science and Research

Received: 2021-03-07 Accepted : 2021-06-16 Published : 2026-01-20

Keywords: discharging, divorce before sexual intercourse, dower bisection, revocation of husband for the half of dower,

Abstract :

Abstract: One of the issues drived from dividing in halves law of dower by divorce befor sexual intercourse is the revocation and asking for the half of dower in the case of release from dower by wife. This decree is accepted by most of the jurists of two sects and in a few cases the possibility of non-rvocation is arisen. In the first observation this decree seems to be unconsistent with the rule of equity and spirit of islamic doctrins and with the some of absolute jurisprudential principles inter alia the principle of harm, principle of subjection of contracts to the intentions and principle of nullity of transactions. In addition the dissenting of this decree with challenge in evidences of the proponents of revocation of husband to his wife for the half of dower and with invoke to wife reciving no property from the husband and in consequence of lacking of causes of liability reject this6 issuse. This writing considers oponions of jurists of two sects and evidences of the proponent of this decree and it,s criticism regarding to the above mentioned cases.