A critical view of ‘the necessity of imprisonment of the insolvent in paying the dower’
Journal Title: فقه و اصول - Year 2016, Vol 47, Issue 103
Abstract
The dower is the first financial debt which established incumbent upon the husband after the realization of marriage. The wife has the right to demand the debt from the husband and then obtain its possession. If after the request of the wife, the husband claims to be insolvent and unable to pay the debt, the legal procedure of Iranian courts is that the husband is sentenced to imprisonment so that he will prove his solvency. The present article aims to analyze in general the issue of solvency of the indebted, and then to prove that the primary imprisonment of the indebted person whose conditions are unclear - especially in the case of the husband claiming insolvency - there are no jurisprudential acceptable documents; therefore, understanding the imprisonment of the husband as unjust is closer to the truth and is more compatible with notions of caution.
Authors and Affiliations
Davood Gowhari, Hossein Naseri Moghadam
Keywords
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- EP ID EP190670
- DOI 10.22067/fiqh.v47i23.15044
- Views 105
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