نوع مقاله : مقاله پژوهشی
1 استادیار گروه فقه و حقوق اسلامی دانشگاه شهید مدنی آذربایجان
2 استادیار گروه فقه و حقوق اسلامی دانشگاه بزرگمهر قائنات
عنوان مقاله [English]
After accepting that the requirement of the essence of marriage contract is not marital relation and sexual intercourse, one of its related branches is the state of dowry therein stability and instability in the supposition of stipulating not engaging in sexual intercourse if in the mentioned situation also like the cases of divorce, after the marriage contract, the ownership of wife to the half of the dowry is established and to the other half is not firmed up or her possession to all of dowry for just the marriage contract is established. After analyzing and studying evidences and the opinions of Islamic jurists and law scholars and with the documentary-analytic method the authors have accepted that the sexual intercourse is a precondition and restrictive factor for the establishment of dowry and although there have been aspects for establishing the total of dowry in the condition of not engaging in sexual intercourse but these aspects are disputable and in contrast the aspects such as the stipulated benefit in the case of the benefit of condition, the validity of the title of the wife who are not engaged in sexual intercourse in the situation of divorce, the possibility of tanqih al-manat (extraction of the underlying reason) being of the cases of establishing half of dowry in the situation of the annulment of marriage before sexual intercourse indicate the division of the value of dowry in half. Therefore, the opinion of dividing the dowry in half has been justified and substantiated.