نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The predicaments arising from unconventional dowers (mahr) and their non-payment necessitate the provision of practical and legitimate solutions. The aim of this research is to examine and assess the jurisprudential-legal feasibility of establishing an institution designated as a "Dowry Guarantee Fund" as a mechanism to mitigate the harms stemming from this issue in Iran. The central research question is whether the establishment of such a fund is compatible with the principles of Imamiyyah jurisprudence, particularly the relevant legal evidences (adilla), and how comparative experiences from countries such as Egypt in establishing similar institutions may be utilized. This study employs a descriptive-analytical method, based on library-based sources (jurisprudential and legal), with a comparative approach. The findings indicate that, by relying on general jurisprudential principles—particularly the expediency of preserving the family system (maṣlaḥat-i ḥifẓ-i niẓām-i khānavādah) and the rule of no harm (qā'idah lā ḍarar)—the establishment of a dowry guarantee fund is not proscribed and may be legitimized either as a governmental decree (ḥukm ḥukūmatī) or through the utilization of jurisprudential instruments such as the public treasury (bayt al-māl) or waqf (endowment). The comparative study also reveals successful executive models that may be used in the design of the fund's structure, financial resources (e.g., a portion of marriage registration fees), and operational mechanisms in Iran, while observing Sharīʿah standards and local conditions. The overall conclusion affirms the jurisprudential and legal feasibility of establishing such a fund to protect the rights of the wife and to prevent the imprisonment of the husband.
کلیدواژهها English
