Uncertain dowry; Men in prison and women

Mehr News Agency, Community Group; The discussion of determining the dowry ceiling in recent days is one of the topics that has received much attention and many family activists and family law experts, as well as some MPs, have commented on it. One of the factors raised to reduce criminal support from the dowry to the ceiling of two coins is the reduction of dowry inmates. Today, the dowry, which must, in essence, guarantee the rights of women and a sign of men's commitment, has in some cases a tool for pressure and even imprisonment of men, and many women have been left out of this right because of the lack of protectional mechanism in law. Therefore, the status of dowry prisoners and issues surrounding legal ceiling for dowry has been considered a priority.

Accordingly in a conversation with Sayed Asadullah July Board of Trustees of Diyat Country We have examined the dimensions of this issue, which you can read below:

About 5 prisoners due to the inability to pay the dowry

What is the statistics and conditions of the prisoners of dowry?

Currently, according to the latest statistics, we have about 1,800 unintentional prisoners in the country, of which 5 are in prison because of 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 also enforced his wife at the same time.

We have about 1,800 inmates in the country, of which 5 are in prison because of their inability to pay dowry.

In Fars province, 4 people are in jail only because of the debt of the dowry; Which has the most statistics in the country. Then Tehran is in the next ranks with 4 people and Khorasan Razavi with 4 people. The statistics are while provinces with religious and cultural backgrounds such as Isfahan and Mashhad are among the highest statistics. This situation is contemplative.

Unfortunately, many of these people, even educated, are among the inmates of dowry. There have also been well -known faces among them; Some of our sports legionaries, of course, have not been a long time, but their entry into this space is alert.

What causes people to enter prison for dowry? Is the price of the coin effective?

The fact that a person is imprisoned for the dowry depends on various factors; From the dowry to the individual's economic conditions, the follow -up of the wife, or even when and when it was asked by the dowry.

Even people like the veterans of the imposed war, who are the noblest humans, have been victimized. Only because of the rise in the price of coins and gold coins, their debt suddenly got out of their power. These are the people who have been killed for the country.

Although coin prices have fallen in recent weeks, the number of prisoners has not changed. That is, even with the decline in prices, the regulation and reduction of cases did not happen, which shows that the problem is not merely financial, but it goes back to a defective legal and cultural structure.

Determining the roof for dowry will not have much effect on the reduction of prisoners

Can parliament or government agencies interfere with the issue of dowry for couples?

The dowry is a completely private and financial contract. This means that the parties, when concluding the contract, are consciously determined the dowry, and even if it is not possible to pay it full, the principle is that the man has the ability to pay in the future. Therefore, we cannot enter or declare the contract in principle legally or jurisprudence.

The dowry, unlike some imagination, is not a transaction in the marriage. The woman has no job commitment to the receipt of the dowry; Things such as housekeeping or parenting are defined based on alimony and couple's duties. The dowry from the distant past has been a man to a woman who is a sign of his interest and respect.

What causes legal and judicial institutions to enter this issue and set a ceiling for dowry?

Some dowries not only do not comply with the couple's financial power, but are so high that they cannot even pay the next three generations. These dowries FormalThey have found symbolic and sometimes unrealistic that have departed from the spirit of marriage. In such cases, even jurisprudence questions this contract and may be damaged by its legitimacy.

Dowry FormalThey have found symbolic and sometimes unrealistic that are deposited from the marriage of marriage, and even jurisprudence questions this contract.

A few years ago, the Diyat headquarters and some related institutions conducted the number of coins as a reasonable extent for the criminal prosecution of the dowry. At that time the coin was under one million tomans and this number seemed logical. According to the plan, if the person paid the coins, he would not have been punishable if he refused to pay the rest of the dowry, but his religion would still be followed and could be pursued through the seizure of other property or legal action.

Can determining the dowry ceiling be effective in reducing dowry inmates?

The recent discussion of the recently raised coin is about to reduce the number of dowry inmates. But it should be noted that this requires careful legal, social, and jurisprudential investigations, because the dowry is one of the main requirements of marriage and cannot be identified for that legal ceiling regardless of the couple's agreements and the principle of freedom of contracts.

Given the current conditions of the community, even the determination of a 2 -coin ceiling for the dowry cannot completely solve the problem of dowry prisoners, because the main issue is the economic situation and the actual inability to pay, not the amount of coins set. Reforming a culture of dowry and legal education to couples before marriage is one of the most important ways to reduce dowry and prevent people from entering prison. A more accurate culture needs to be done in this regard to reduce such cases.

Imprisonment of financial debtors lacking capability, contrary to human dignity

Why is it merely a discussion of reducing prisoners and what is the damage?

The principle of human dignity and preventing imprisonment of people without financial ability should always be taken into consideration. In Islamic jurisprudence, the term “Soul“It means a prison for debtors who are unable to pay their debt and have failed but failed, is a problem. The jurisprudents insist that prison is the place of the people who have committed a crime by will and awareness, not debtors who have not merely paid debt. Someone who really doesn't have to go to jail on financial inability; This contradicts both human principles and jurisprudential principles.

In some cases, dowry is not used as a financial guarantee, but as a lever to threaten and control men's behavior. Some people think that determining a heavy dowry can prevent a man from betraying or leaving a common life, but experience has shown that this approach has had a lot of damage.

The current process of dowry is not in favor of women

Women's problems may increase by reducing or eliminating the dowry. In this case, what do you think is the legal right of women to receive dowry?

We are completely opposed to the views that they consider to be a violation of women's rights. In fact, determining the reasonable ceiling for the dowry can be the savior of the economy of the families and prevent potential abuse.

In surveys on existing cases, we concluded that if a man does not adhere to his personal commitments from the beginning, it is better to open the way for him to leave without compulsion, not to keep him in life by threatening the dowry.

The right to divorce and the right to custody are basically in the hands of men, so what can be the legal tools of women?

Dowry is a support for a woman to have a minimal legal tool to defend her if she is oppressed or divorced in a joint life. Therefore, the dowry should be based on the protection of women's rights and the preservation of human dignity, not as a means of threat or financial transaction.

After reviewing the financial status of the debtor's men, the court sets a very small installment to pay the dowry; So that in some files, even one or two coins are paid a year

In many cases, the court sets a very small installment to pay the dowry after examining the financial status of the debtor's men; So that in some cases, even one or two coins are paid a year. With the current price of the coin, which is about 2 million tomans, paying one million tomans a month is virtually a kind of ridicule.

The determination of long -term installments actually eliminates the possibility of the real dowry. A woman who wants to achieve her right should pursue years and may eventually get one or two coins after five years. This process is not only for the benefit of women, but it also causes discouragement and inefficiency.

Dowry in priority Dion Is, but in practice is ignored

It is said that the dowry of the deceased can also be tracked by his family. Does this have an impact on the increase in dowry inmates?

By law, the dowry of the component Dion It is a privileged. Even if the wife dies or the husband goes bankrupt, the dowry must be paid before other ordinary debt.

But in practice, this debt is often ignored because of the high amount of dowry and specific inheritance and inheritance conditions. According to the Department of Fattering and Judicial Authorities, there is little focus on post -death dowry unless it is really reasonable. For this reason, many post -death dowry cases do not work or are marginalized.

The use of the Ahlul -Bayt is a tool to determine the dowry of cultural deviation

How do you think religious and religious beliefs can affect the issue of dowry?

We had several meetings with Ayatollah Sheikh Hussein Ansarian and other scholars. We have always emphasized that the use of religious and cultural tribunes is a necessity to properly explain the issues related to the dowry. Many people may not go to the mosque, but through social media or religious media are following the views of the scholars in this area. The pulpit podium in the Islamic Republic has a very important place. If the subject of dowry and jurisprudential view are properly explained in this context, it can help a great deal in proper culture in society, especially against propaganda attacks that some create against religious concepts. Some identify unrealistic and unusual dowry, based on the names of the Ahlul -Bayt (AS) and intentions such as the infallible Imams.

Unfortunately, in recent years, some have identified unrealistic and unusual dowries, citing the names of the Ahlul -Bayt (AS). This is not only a cruelty to the culture of the Ahlul -Bayt, but also to their oppression.

So how do you analyze the dowry with the abjad of the Imams?

I have to say that when we excuse the seal of Ahlul -Bayt to cleanse our mistakes, not only do we benefit from the blessings of this love, but also some kind of cruelty to the Ahlul -Bayt. Now the dowry is determined by the name of the Amir al -Momenin, the coin or the intent of Imam Zaman (AH). But these numbers are merely symbolic and have nothing to do with abuse.

Even in religious families, it is sometimes seen that the names of the Imams are used to increase the number of coins. For example, they say because Imam Hussein's companion (As) They were, the dowry should be 2 coins. Or because abjad of the name of Imam Zaman (AH) 1, it must be as coin. But if the intention is really good, why in the intention of Imam Javad (As) For example, they don't put 2 coins?

Instead of determining the dowry based on symbolic numbers, one must consider the true ability of the parties and the conditions of the community of society

The use of religious concepts is to justify misconceptions. According to the verses of the Qur'an and valid narratives, individuals must adhere to their commitments. But in practice, we see that in religious families they sometimes go to extremes in the dowry, regardless of economic and social realities. Instead of determining the dowry based on symbolic numbers, the actual ability of the parties and the conditions of society must be taken into account. This is the best way to reduce unintentional prisoners and maintain human dignity.