Mahr as a Financial Right of the Woman (A Critique of Jurisprudential and Legal Approaches)
Subject Areas : Private law
1 - Department of Criminal Law and Criminology, Faculty of Law, Razavi University of Islamic Sciences, Mashhad, Iran
Keywords: Mahr, Marriage, Ownership, Women's Rights, Psychological Security,
Abstract :
Mahr, as one of the fundamental legal and jurisprudential institutions in the Iranian family system, is considered an obligatory part of the marriage contract, and its payment by the husband is seen as a binding commitment. In Iranian law, mahr has both a religious and legal dimension, and the country's civil laws, following Shia jurisprudence, regulate the provisions related to mahr. Mahr is not merely a financial obligation but a symbol of the husband's responsibility towards the wife and the family, serving as a guarantee for protecting the woman's rights within the family framework. Upon the occurrence of the marriage contract, the ownership of the mahr is transferred to the wife, and according to the majority of jurists, she has the right to dispose of the entire mahr; however, according to the minority opinion, this right to dispose is limited prior to intimacy or the establishment of the mahr. In Iran’s legal system, mahr plays a significant role in strengthening the family structure and guaranteeing the financial rights of women. This article, with an analytical approach, examines the nature of mahr, its various forms, and its position as a financial right for women from both a jurisprudential and legal perspective. It also explores the various dimensions of this important institution, referencing reliable jurisprudential sources and civil laws. Moreover, mahr serves as a tool for balancing marital relationships and reducing the harms caused by family disputes. From a sociological perspective, mahr can be considered a factor for enhancing the psychological and economic security of women in society. A comparative analysis of mahr in other legal systems reveals that this institution holds a special position in Iranian law and is regarded as one of the pillars of family consolidation.
