چکیده:
Ratifying a bill in the Judicial Commission of Islamic Consultative Assembly (Majlis) on setting registration fee of Dowry over 14 gold coins in the time of registering marriage contract (Nikah), each spouse 50% , and depositing it into the Fund of Providing Dowry for Needy Couples, has put the family law on the threshold of drastic transformation. Although this change is made to serve the legal institution of marriage and reduce the amount of dowry as well as facilitate the marriage process, but its functionality is under serious doubt and even it appears that its negative consequences far outweigh any positives. Bills ratified without considering the rights of the parties in the marriage contract not only could provide a platform for men to abuse but also create unfavorable situation for women and causes girls and women as well as men be reluctant towards the marriage compared to the past. This is the fact that women may assume that marriage not only limit their freedoms, but also their life could also be faced with financial and economic threats. Thus, they gain fewer financial benefits in their common life and in order to get rid of a wrong and unsuitable marriage, they must sacrifice their ownership and sustainheavy and unfair costs. Therefore, it is highly recommended for new bills, while holding a compressive approach towards liberty and contractual rights, to provide the goals of the legal system and secure the rights of both parties. Consequently, the current study by descriptive- analytic approach and by collecting data from the library sources, while attempts to survey the fundamental and legal aspects of this bill, also provides solutions and suggestions with the view on the couple's legal system of in France.
خلاصه ماشینی:
Legal analysis of the registration fee bill on dowries (Mehrieh) exceeding 14 gold coins, with a look at the legal system of spouses in France Maryam Khanzadeh Pour1 Date of receipt: 2023/03/12 Abbas Karimi*2 Date of acceptance: 2023/05/14 Abstract The approval of a bill in the Judicial Commission of the Islamic Consultative Assembly based on imposing a registration fee on dowries exceeding 14 coins (2020/09/14) at the time of concluding and registering the marriage contract, amounting to 50 percent from each party and depositing the resulting funds into an account named the Dowry Preparation Fund for needy couples, has placed family law on the threshold of a significant transformation; a transformation that has taken place to serve the legal institution and to reduce the amount of dowry and facilitate marriage; however, there is serious doubt regarding its efficiency, and it is even imagined that its negative results and effects may outweigh the positive effects of the bill.
The approval of the aforementioned bill in the Judicial Commission of the Islamic Consultative Assembly, based on determining a registration fee for dowries (Mehrieh) exceeding 14 coins at the time of concluding and registering the marriage contract of the spouses, with each party paying 50 percent and depositing the resulting funds into an account named the Dowry Provision Fund for needy spouses, has placed family law on the threshold of a significant transformation.
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