Implied Term in Donating the Dowry

Document Type : Research Paper

Author

Assistant Professor, Faculty of Semnan.

Abstract

The bride possesses the right as to the dowry as soon as
terms of marriage are uttered and is allowed to use it in
any way she wishes, including denoting it altogether to the
bridegroom and discharge him of his obligations in this
connection. On the other hand, divorce before intercourse
is considered an independent factor in transferring half of
the dowry to the bridegroom based on which, according to
the opinion of majority of jurists, bride must pay
something equivalent to half of the dowry to the
bridegroom.
Analyzing opinions and surveying their proofs, the present
essay comes to the conclusion that divorce before
intercourse only causes removal of entitlement of the bride
as to half of the dowry. Also, bride’s denoting the dowry
is not absolute, but rather is dependent upon the implied
term of continuity of marriage; hence, when the
bridegroom violates that and divorces the bride, his
discharge of payment of the dowry or ownership of it
becomes obviated, or, at least, the bride will have the right
to abrogate that denotation so that she still may have
entitlement of half of the dowry in case of divorce before
intercourse and that of all of the dowry in case of divorce
after intercourse.

Keywords

Jurisprudence the Essentials of the Islamic Law
Volume 46, Issue 1 - Serial Number 1
Spring & Summer
April 2013
Pages 119-135

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