Document Type : Research Article
Authors
1 Assistant Professor, Department of Islamic Jurisprudence and Law, Faculty of Humanities, Yasouj University, Yasuj, Iran.
2 full Professor, Department of Islamic Jurisprudence and Law, Faculty of Humanities, Yasouj University, Yasuj, Iran.
3 Phd student, Department of Islamic Jurisprudence and Law, Faculty of Humanities, Yasouj University, Yasuj, Iran.
Abstract
This research investigates the jurisprudential-legal feasibility of stipulating a brand as mahr (dowry) in Imami jurisprudence and Iranian law. Given economic developments and the status of intangible assets, including intellectual property rights, the fundamental question arises: Can a brand—an intangible asset with economic value—be incorporated within the framework of the mahr institution? Through a comparative analysis of the conditions foncludes that a brand, subject to careful considerations, can meet these conditions. From the perspective of "property value", a brand possesses exchange value due to its generation of economic benefit and the rational inclination towards it in modern custom. Its capability for ownership and delivery is realized through the legal mechanisms of registration and formal transfer. The legitimacy of the brand is contingent upon the permissibility of the nature of the trademark itself and its associated economic activity. The condition of "specification" is fully satisfied through its unique registration details. In the substantive analysis and determination of a brand's position within the classification of mahr types (object, usufruct, right, and labor), the findings indicate that categorizing a brand as a "legal right" is more justified. This is because it fully aligns with the brand's conventional, exclusive, and transferable nature and is consistent with the views of contemporary jurists regarding the inclusion of intangible assets within the concept of property. This study demonstrates that, subject to adherence to jurisprudential and legal standards, stipulating a brand as mahr is valid. The research method is descriptive-analytical and based on library resources.
Keywords
Main Subjects
)