A study on the sufficiency of general knowledge or the requirement of detailed knowledge for the amount of mahr al-masmi from the perspective of the jurisprudence of the schools of thought and the laws of the subject

Document Type : Original Article

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Ph.D. in Jurisprudence and Principles of Islamic Law, University of Qom, Qom, Iran

Abstract

Nowadays, dowry covers a significant part of family lawsuits. In some cases, despite the determination of the dowry, part of it remains unknown; such as fifty coins in addition to two hundred thousand tomans per month. In fact, the amount of dowry is only known in general, not in detail. The main issue is the sufficiency of general knowledge or the requirement of detailed knowledge of the amount of the dowry. Does general knowledge of dowry disrupt its establishment and, with the invalidation of the dowry, become a metaphorical dowry or not? The findings of this research, using a descriptive-analytical method, show that general knowledge of the amount of dowry is sufficient and partial ignorance does not disrupt the dowry of the dowry. Although evidence such as narrations involving "a specified reward and a specified term", the need to avoid gharr and the impossibility of fulfilling subsequent obligations when the amount of dowry is unknown, their implication was not sufficient to prove the claim. On the other hand, for the sufficiency of general knowledge in the amount of dowry in establishing it, numerous evidences such as specific narrations, the sufficiency of general knowledge in forbearance contracts, the priority method was established through the legitimacy of assigning dowry in marriage, custom and tradition. Article 1079 of the Iranian Civil Code has also explicitly considered dowry that can partially remove ignorance for the couple to be effective. As a result, the dowry mentioned in the question of this research is effective in the amount of fifty coins along with a monthly payment of two hundred thousand tomans.

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