Failure to determine the dohr in the marriage contract and its effect on the right of imprisonment with a view to the jurisprudence of the parties

Document Type : Original Article

Author

Faculty of Family Science, University of Teheran, Tehran, Iran

Abstract

The Civil Code, following the Imami jurisprudence, does not mandate the determination of mahr (dowry) at the time of the marriage contract; rather, this determination may occur post-marriage. This study, employing a descriptive-analytical method and utilizing library resources for data collection, addresses the question of how the absence of mahr affects the right of retention within the Iranian legal system and among the public (āme) and Imami juristic schools. The findings indicate that, in any case, a mahr must be established for the wife. The wife’s entitlement to mahr is considered a mandatory rule; hence, an agreement on the absence of mahr is not permissible, meaning the wife can never be devoid of rights to her mahr. Despite the differing opinions among legal scholars and jurists regarding the applicability of the right of retention in cases where mahr is not determined, the rigorous view posits that the absence of mahr does not impact the right of retention, allowing the wife to withhold compliance until the mahr is determined and received.
 

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