تاملي در حق امتناع زوجه در عقد نكاح از ديدگاه حقوقي و فقهي

An Overview of the Lien of Wife Right in Marriage Contract in a Religious and Legal Standpoint

The lien of wife through which the family foundation is established, generates many financial and non-financial effects. Among these effects, the womanʹs ownership on dower or marriage contract can be stated as an example. On the other hand, the woman is assigned to carry on and accomplish her coupling duties for her husband. Since there is a possibility that a woman could face problems while requesting her dower from her husband even once she had done the duties, and also to face with the husbandʹs insolvency, she might come about with enormous troubles. This is the reason why the legislators and lawmakers have offered the submission right for woman, through which they could claim the payments of dowers from their husbands. In the matter 1085 of Civil Law of Islamic Republic of Iran (CLIRI) emphasis has been laid on such a commandment. Seeing that there are many difficulties in launching the above- mentioned lien of wife rights that are not specified in Iranian Civil Law, and there is a need to answer such questions, we have underpinned and tackled in this article, these problems according to the religious references and valid justice opinions. We have also analyzed approaches and viewpoints pertaining to legislators in this regard.