نوع مقاله : پژوهشی
نویسندگان
1 دانشجوی گروه حقوق جزا و جرم شناسی، واحد کرج، دانشگاه آزاد اسلامی، کرج، ایران
2 استادیار گروه حقوق، دانشگاه پیام نور، تهران، ایران
3 گروه حقوق، دانشکده حقوق و علوم سیاسی، دانشگاه آزاد اسلامی واحد کرج، کرج، ایران
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
According to the verses of the Holy Qur'an, humans are equal and the criterion of their superiority is piety, not gender and financial conditions, based on this, because in the religion of Islam, the burden of family responsibility and economy is placed on the man, his dowry is more than that of a woman. However, with the passage of time and changing societies, the roles of men and women have been accompanied by changes. In our society, there are women who bear the economic burden of the family alone and are idols in war with every problem. For this reason, since the female heads of the family, in addition to the role of wife and mother, are obliged to fulfill the economic needs of the family, it seems that their dowry should be equal to that of men. The aim of this research will be to re-examine the dowry of female heads of the household with an emphasis on Quranic verses. This research examines the concept and nature of dowry in the law of Iran and Iraq, because the law of dowry is obsolete in Turkey. According to the acceptance of some verses and opinions of eminent authorities, the best view about the nature of dowry is its duality and hybrid theory, which responds to challenges such as the possibility of claiming damages in excess of dowry. Also, if the dowry is sufficient, it will not be possible to demand more than the dowry. In case of damage that exceeds the amount of payment, damages can be claimed by referring to the rules of civil liability. Finally, the position of Iran and Iraq regarding the nature of dowry in Islamic penal laws shows the choice of criminal and punitive nature of dowry.
کلیدواژه‌ها [English]
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