- Studying the nature of mahriya from the viewpoint of the scholars of the religions of Khamseh and Imam Khomeini's approach to it

Subject Areas :

maryam shabani ¹ , Abolghasem Naghibi ² , Mohammad Jafari Harandi ³

1 - PHD student of Bases of Islamic law, Faculty of Law, Faculty of Law, Theology and Political , Islamic Azad University scince and research brach ,tehran-IRAN,the writer
2 - Department of Bases of Islamic law, Faculty of Humanities,Faculty of Law, Theology and Political , Islamic Azad University scince and research brach Branch, Islamic Azad University scince and research brach ,tehran-IRAN,the writer
3 - Department of Bases of Islamic law, Faculty of Humanities,Yadeghar-e- Emam Branch, Islamic Azad University,Shar-e- Rey-IRAN,

Received: 2020-09-16 Accepted : 2021-04-19 Published : 2023-05-22

Keywords: Law, jurisprudence, Dowry, nature of dowry, jurisprudential nature,

Abstract :

A Dowry which is resultant of a legitimated marriage embodies a financial value. The present paper considers the nature of marriage.There are two main views among jurisprudents about the nature and challenging classification of the marriage amongst different contracts: Some believe that marriage is a compensatory contract and the nature of the dowry is, also, compensatory one, whereas, some believe quite the contrary.The present paper applied descriptive-analytical method to study the marriage contract and the nature of dowry from the perspective of Imami and Sunni jurisprudents with a focus on the opinion of Imam Khomeini (RA).It was found that all the above-mentioned jurisprudents including Imam Khomeini (RA) emphasized on the financial nature of the dowry.Therefore, the views don`t challenge the nature of the dowry but the marriage such that jurisprudents believe marriage is not compensatory contract but dowry enjoys financial and economic nature. However, according to Sunni jurists, who also believe in the value and financial benefit of the dowry, marriage is a contract of compensation and, as a result, dowry is compensatory as well. The present paper discusses various rulings and cases which are emerged from the underlying attitudes.Keywords: dowry, nature of dowry, jurisprudence, law, jurisprudential nature