چکیده:
The designation of dower for women in the permanent marriage and temporary marriage is confirmed in Islam. God said in the Quran،The woman should be paid the dower. In Islam is confirmed the recommendatory of unsufficient dower and repuynance of excessive dower. In recently، rate of dower is increased in Iran and it has originated of many problems in the living. In this article، rate of dower in shiah and Iranniam low and muslims countries is investigated، and also the possi bility of interference of legislator and allteration the edicts of dower conditions are based on Islamic regulation is investigated. The final decision of couples is doubtful in the rate of dower by changing of commands، lack of basis of changing in dower، and limited in in tereference legislator. By determination of anew regulation is proposed in protective bill of the family ، by presentiny official and lagal claimes، article 25 of this bill and their notes، The eliminating of this bill and is proposed.
خلاصه ماشینی:
They argue this because the Sunnah of the Messenger(PBUH) was to set the dowries of his women at 500 dirhams, and since dowry is subject to Sharia rulings, if the dowry is determined to be more than what we mentioned, since there is no consensus that the excess is considered part of the dowry and there is no other Sharia evidence in this regard, the negation of anything exceeding 500 dirhams becomes mandatory (Sayyid Murtada 4991:421).
2-4) The effect of the subject matter of the transaction being impossible to deliver Given what has been said and with regard to the explicitness of Article 843 of the Civil Code, which considers the impossibility of delivery as a cause for the nullity of the contract, one can apply the same ruling to the dowry (Mehrieh) based on the unity of the underlying reason (milla) derived from this article.
Therefore, they have suggested the intervention of the legislator in these matters and believe that the legislator should determine a specific amount of dowry and exempt the man from the application of Article 2 of the Law on the Method of Executing Financial Convictions regarding any amount exceeding this dowry (Ibid: 520).
Note 2: Whenever the dowry at the time of the marriage contract is at a customary amount, if it becomes due and the husband refuses to pay it, he shall be subject to the provisions of Article 2 of the Law on the Method of Executing Financial Sentences.
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