Revision in dowry law; Justice in obligations or reproduction of injustice?

Mehr News Agency, Community Group; The issue of determining the dowry ceiling has received much attention in recent days, and many family law activists and experts as well as some MPs About They have commented.

The main commission is to investigate the plan of executing financial convictions and some of the dowry sentences, and the Social Commission has reviewed the plan and has recently been announced that the plan is now in the public courtyard.

The amount of dowry and criminal support for it in some cases cause youth to marry and reject the burden of responsibility, such a heavy burden and is one of the causes of raising the age of marriage.

In justifying the plan to reduce the dowry ceiling to 5 coins, the high price of the coin of all spring of freedom and economic conditions is raised, and the high dowry is considered to be a living factor. Because men are sometimes imprisoned because of their inability to pay the dowry and consider this to be contrary to family values.

Mohammad Seraj, a member of the Majlis Social Commission, said that “due to the high price of the coin of all spring of freedom and economic conditions, high dowries have been an excuse to disrupt the foundations of families, and some women are implementing their dowry with the slightest event.”

Judicial procedures in today's family courts are moving in such a way that men do not pay a coin if they do not want to pay for a divorce, or hide their property, forcing the woman to forgive the dowry.

Of course, this comment is not accurate, and no woman will perform her dowry for no reason. As a matter of fact, judicial procedures in today's family courts are such that men do not pay a coin if they do not want to pay a coin, forcing the woman to forgive the dowry by exerting pressure through the right to divorce, or hiding their property.

Earlier, Uthman Salari, the second deputy chairman of the Judiciary and Legal Committee of the Islamic Consultative Assembly, said: “The parliament says that if anyone demands his dowry, his wife would not be imprisoned; Because if he spends one night in prison, it will be harmed by the foundation of the family and the family will collapse. “

These statements are also surprised. The issue of dowry is often challenged when men and women take steps to disrupt the family and separate, otherwise no woman will implement her dowry while continuing their lives, and most of them are deprived of it, so most do not demand. Therefore, some MPs seem to be just looking at the number of coin prices to a comprehensive look at family issues. So instead of formulating unilateral laws regardless of the interests of both sexes, they should think about ways to solve economic problems.

The role of dowry in providing women's financial and legal security

Women also have concerns in this regard. Dowry is recognized as a legal tool in the hands of women that is determined to ensure financial backing for women. Many believe that, given the legal tools provided for men, such as the right to divorce, the right to custody of children, the right to exit home and education, the legal rights of the male at the time of non -compliance with women, etc., the dowry and alimony will be the only prestige of women.

Dowry is known as a legal tool in the hands of women, which is determined to ensure financial backing for women

In addition, many women face a lot of financial problems after separation, and having a financial backing provides them with more confidence. This factor has made the dowry important to women and is virtually out of a suggested aspect of being a gift to the woman and being one of the important issues of marriage or divorce contract. But since its payment is mostly postponed to the time of divorce or the death of a man and determined to the rate of the dispute day, the coin has replaced traditional dowries.

Dowry or imprisonment; A dilemma of marriage and justice

According to the Diyat headquarters, we currently have about 6,000 inmates of unintentional crimes in the country, of which 5 are in prison due to their inability to pay the dowry. Of course, most of these people are not just in prison with this title, and some of them have other crimes in their case, but an important part of their arrest is due to dowry. That is, the person has been imprisoned for another crime and has been imprisoned at the same time as his wife, and even if the wife is forgiven, many of these people will remain in jail.

On the other hand, the economic situation and the rise in the price of the coin continuously increase the man's religion than the woman, and the dowry is hurriedly away from the man's financial power. In these circumstances, regardless of the criminal support of the dowry and the prison sentence for the debtor's men, it is basically not rational to many young people. Since it is inconsistent with the principle of human dignity on the basis of moral and religious principles, the person's imprisonment is inconsistent with the principle of human dignity.

Determine the number of coins in the name of Ahlul -Beit

If we look at it from a cultural point of view, it is essentially a question of accepting a heavy dowry by the man at the time of his marriage. On the one hand, in addition to the issue of financial backing, the girls' families cite things such as family custom or social status, and consider the high number of coins to be proud. Sometimes the rejection of a heavy dowry by men is considered to be a girl's lack of responsibility and disrespect.

In these circumstances, the dowry does not correspond to the couple's financial capacity, and has become unrealistic and symbolic and has departed from the spirit of marriage. In such cases, even jurisprudence questions this contract and may be damaged by its legitimacy.

The dowry does not conform to the couple's financial power, and has become unrealistic and symbolic and distanced from the spirit of marriage.

On the other hand, the determination of the number of dowries in the name of the name of the names of the Prophet (PBUH), which has been widely prevalent in recent years, has also led to the act of justifying the transaction (not a heavenly bond) on the pretext of religious dedication in line with the same self -exploitation and false traditions.

While marriage is not a business transaction, but an internal commitment in which the two sides share their future, and the family is not the most important element of community formation and movement towards local and materialism. However, in many cases their boys and girls do not want such a deal, and families are fueling it.

Avoiding unilateralism in the formulation of legal laws

A look at the issue of dowry shows that this has a variety of factors and dimensions, and it is necessary to look at all aspects of it and be considered in policy making. Not only does it seek to reduce the population of dowry inmates, but also criminal justice, gender justice, and most importantly, strengthen and consolidate family foundations.

Also, the alternative and effective support mechanisms for women will be predicted if the dowry is not possible. In some cases, couples seek to secure property, abuse of divorce or custody in exchange for dowry and abusing these legal tools because of their unwillingness to pay their religion to the wife.

On the other hand, the dowry should not be a tool for exerting pressure from the woman, or as we have seen in some cases, it should become a factor for profiteers.

Creating a balance between reducing men's criminal burden and women's rights

Finally, judicial procedures should lead to restorative, mediation, and specialized use of family experts, and avoid any suggestions that provide the basis for increasing divorce statistics, impaired couples' salaries, or creating a divorce. Reducing the ceiling of the dowry without regard to its different dimensions and regardless of the issues, may not even undermine their physical and mental security, resulting in further damage to the family.

Reducing the dowry ceiling without regard to its different dimensions and also regardless of road issues and may cause further damage to the family.
Amendment to the dowry law is a test for our legal system that is effective in building a balance between the need to reduce the burden of prisons and protect women's rights and, more importantly, to maintain a family. Achieving this is not possible except with a scientific, specialized and multi -faceted approach that combines jurisprudence, law, sociology and psychology.

Therefore, it is necessary for the authorities to pay attention to this issue. Therefore, alternative solutions such as giving a divorce to women in the absence of dowry, establishing financial support funds with sustainable resources, efficient discovery systems of convicted property, as well as investing in legal and psychological counseling before and after marriage should become an effective legal requirement.