نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار دانشگاه امام صادق(ع)، پردیس خواهران، تهران، ایران
2 دانشجوی مقطع دکتری حقوق خصوصی دانشگاه امام صادق (ع)، پردیس خواهران، تهران، ایران .
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
According to ibrā’ (acquittal), a person relinquishes the right to claim what is owed to the other party. The wife’s right over the stipulated dower as a financial right can be subject to ibrā’. Knowing and being ignorant to the amount of dowry and the time of its obligation on the spouse are factors influencing the decree of such acquittal. The present study, based on a descriptive-analytical method with library tools, tries to answer this basic question: “What is the ruling on ibrā’ mahr al-mithl (acquittal of stipulated dower) from the perspective of Imami and Sunni jurists?” There are two views among the Imami jurists regarding the time of legal obligation of mahr al-mithl: Some believe that mahr al-mithl is obligatory through marriage, resulting in the validity of acquittal, while others believe that it is obligatory after intercourse, resulting in the invalidity of acquittal before intercourse. The Imami jurists mostly do not consider ignorance of the amount of mahr al-mithl to be effective in the validity of acquittal. Shafi'i, Maliki, and Hanafi jurists also consider the intercourse to cause the obligation of mahr al-mithl; However, the Shafi'i jurists do not consider ignorance of the amount of mahr al-mithl to be effective in the invalidity of discharge, and the Maliki and Hanafi jurists do not consider the lack of knowledge of the amount of mahr al-mithl as an obstacle to the validity of acquittal. According to Hanbalis, mahr al-mithl becomes obligatory with the marriage contract, and intercourse and ignorance of the amount of the dowry do not play a role in it. It seems that since the dowry is in exchange for baḍ‘, it is the penetration (intercourse) that causes the obligation of mahr al-mithl, and so after the penetration, in order for the marriage not to be a mere exchange, ignorance of the amount of mahr al-mithl does not affect its validity, unless the ignorance is such that the wife is imagined to lack intention.
کلیدواژهها [English]
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