Feasibility of Validity of Mahr Beyond the Payer’s Ability
Subject Areas : حقوق خصوصیali poormanuchehri 1 , athar darvishe 2 , Seyed Mehdi Narimani 3
1 - Assistant Professor, Islamic Azad University, Tehran Central Branch, Tehran, Iran
2 - PhD Candidate, Islamic Azad University, North Tehran Branch, Tehran, Iran
3 - Assistant Professor, Department of Theology and Educational Vice President, Mofid University, Qom, Iran
Keywords: Ability to Deliver, Obligation to Pay, Obligor’s Ability, Invalidity of Dowry,
Abstract :
One of the recent legal issues in society is the matter of heavy dowries. In fact, the determination of high dowries by couples, which are sometimes beyond the financial capacity of the husband, has become a common legal issue. These dowries are often placed as a general obligation on the husband, while the circumstances show that the obligor not only lacks the actual ability to pay but also has little to no probability of being able to pay in the future. The invalidity of such dowries due to their inability to be delivered has been discussed. However, this objection, based on invalidity, is not referenced in jurisprudence. It seems that the invalidity of dowries on the grounds of being impossible to deliver is only possible based on certain jurisprudential foundations. After discussing and analyzing various possibilities on the matter, the belief in the invalidity of heavy dowries due to being impossible to deliver is preferred. Another argument that can be made is the lack of will from the obligor to pay the dowry, where the inability to pay is seen as an indication of a lack of intent to fulfill the obligation. This study uses a descriptive method and library sources to explore the relevant issues and analyze the problems related to heavy dowries.