خلاصة:
A dowry is something that, as a result of a marriage contract, the spouse is required to pay in the same way as a financial obligation, and the wife owns it. The legislator in the articles of the civil law, in discussing the payment of dowry, has not considered the obligation to remove the dowry from the spouse's property and has left the ruling of this issue silent, and from a jurisprudential point of view, there is no strong reason to pay the dowry from the husband's property. The present article seeks to find an answer to the question of whether a third party[1] can undertake to pay the dowry and if this commitment is possible, in what form it will be crystallized. It is presumed that the acceptance of such an obligation by a third party is in accordance with Islamic jurisprudential and legal principles and under certain conditions. In this article, the researchers try to examine different theories on the possibility or impossibility of such an obligation analyzed through library research method, suggesting the possibility of such an obligation.
[1]. other than the spouse
ملخص الجهاز:
Legal Effects and Consequences of a Third Party Assuming the Dowry Obligation Date Received: 26 /04/ 1399 Date Accepted: 14/06/ 1399 Abolfazl Ahmadzadeh 1 / Mazahir Namdari Mousaabadi 2 Abstract Mehriye or Nahla is a property that, as a result of the marriage contract, the husband becomes obligated to pay as a financial commitment and the wife becomes the owner of it.
B) Dr. Nasser Katouzian, in his book titled "Family," after stating that the dowry is determined by the mutual consent of the parties and that the man's obligation to transfer ownership of the dowry does not stem from the contract but results from the ruling of the law, provides a brief and concise explanation of the conditions of commitment in this regard.
D) Dr. Ali Tavallai, Ramin Poursaeid, and Azam Ebrahimi, in an article titled "The Condition of Third-Party Payment of Dowry in Permanent Marriage," have pointed out that in marriage, a man is obligated to bring property into the woman's ownership under the title of dowry or to undertake it as a financial commitment; therefore, from a jurisprudential perspective, there is no legal reason why the dowry must necessarily be taken from the husband's property.
Definition of Dowry from the Perspective of Legal Scholars Dr. Mohaghegh, in the definition of Mehr, has stated: "In a permanent marriage contract, the husband must assign something of financial value from his own property and assets to the wife, and this amount of property or real estate given to the woman is called Mehr, which in Persian is interpreted as Kabin; whether it be a physical object, such as money, a house, gold, and silver, or a benefit.
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