It is a well-known phrase that is heard during the marriage sermon among Muslims in Iran. “Marriage is my tradition, so whoever turns away from my tradition is not of me.” They say it is a saying attributed to the Prophet of Islam. Some scholars from both main branches among Muslims – Shia and Sunni – consider it a natural command, and of course, another group has questioned it in terms of the authenticity of the hadith and consider it weak. Whatever it may be, like all other matters that, despite having a weak source or being considered natural, are accepted based on their frequent mention and are considered certain, this phrase is the beginning of the marriage sermon in Islamic tradition. A marriage that one of its firm principles is “dowry”. A word that is not mentioned in the Quran, the sacred text of Islam. In the Quran, the word “sadaq” is used. It comes from the root “s-d-q” and means “truth and correctness”.

But the story of the Iranian people does not begin with the Arab invasion and the conversion to Islam. As mentioned before, there were also Jews in Iran before the arrival of Islam, and they had the tradition of dowry or “khatooba”. But the question that can be asked is whether there was any mention of dowry in Iran before Islam? Let us not forget that dowry is a name that we Iranians have given to “mahr” in the Qur’an. Meaning a word derived from the root of “mehr” and friendship, perhaps in an attempt to translate “sadaq” from the root of “siddiq” and truthfulness.

The general issue of dowry and its overall subject is a marriage contract. It is a social phenomenon and reality that is influenced by culture and the role and position we have in it (2). In all definitions of marriage, it is identified as a legal relationship and its adherence to social norms and what we consider as culture is seen. Also, in these definitions, marriage is recognized and understood as an institution and social institution inspired by three sources: law, social beliefs, and religious beliefs (2).

Looking at this definition and understanding of the issue of marriage and trying to answer the above question about the dowry in the history of Iran before Islam, it is necessary to consider the dominant religion of that era in Iran, which was Zoroastrianism. Surely, dear readers are aware that the concept of marriage in Iran after Islam has also been greatly influenced by the newly dominant religion, and its rules and laws have changed under the influence of the dominant culture and the pillars of the ruling religion. This change still has a presence in Iran today. Although efforts are being made to view it with a fair and updated perspective and to understand it in the context of today’s understanding of “relationship” between two individuals, the dominant view and discourse are still rooted in the traditional view influenced by the dominant religion.

Now, considering the initial points mentioned above and in order to understand this issue in pre-Islamic Iran under the influence of Zoroastrian religion and law, we must first ask this question to the current scholars of this religion: what is their view on the issue of dowry and how is it understood among today’s Zoroastrians – the remnants of the ancient Iranian religion and cultural tradition? On the website of Mobad Kourosh Niknam, in response to a question directly related to our topic, with the statement “Do young Zoroastrians determine a dowry or not, and is dowry essentially an Iranian tradition?”, the following answer has been given (the full text is mentioned due to the importance of sentences and words): “Mehr” is a Persian word, meaning friendship and covenant. Since the Iranians praised “mehr” (sunlight), they considered the sun and its light as a symbol of covenant and kindness. Because the sun was a covenant-maker every

In the response of Mobad Niknam’s website, after tracing the root of the word “mehrieh” from the word “mehr” and its translation, they go on to talk about the rings that symbolize love and commitment. This ring is called “mehrieh” and is usually made of expensive metals, making it costly. Whether it sits on the ear or on the finger as a ring, it is a common symbol of marriage, also used by Muslims. According to Mobad Niknam’s website, among Zoroastrians, there is no other form of “mehrieh” besides the ring, unlike among Muslims.

But it’s not just an issue at the time of marriage. In fact, the issue of dowry becomes a problem not in the bond, but when separation occurs. According to a question and answer on the Mobedan Tehran website, regarding the discussion of dowry under Article 21 of the Zoroastrian Personal Status Law, it is discussed as follows: “The determination and mention of dowry is not included in the marriage ceremony. This means that Zoroastrians have dowry, but it is not mentioned during the marriage ceremony. This means that anytime, based on this principle (Article 21), the court can issue a divorce decree with sufficient reasons. According to Article 29, the Zoroastrian Dispute Resolution Council, based on which party has more rights, the duration of marriage, the husband’s income, assets, and whether or not they have children, consults with seven relatives of the bride and groom – who have given testimony at the time of

This means that in completing the conversation on the Mobad Niknam website, initially no dowry is mentioned, but in case of divorce, as mentioned above, a dowry is determined that the man is responsible for paying. Apparently, the principle is to avoid conflict. However, in case of a problem, the dowry is brought up and the discussion of finances begins alongside it. It seems that as long as there is no contract, there is no talk of finances, but when the contract is broken, financial calculations also come into play.

But if we return to the texts of Zoroastrianism and the events of ancient Iran, we will receive even more significant answers to our questions. Answers that show how the legal responses of Zoroastrian scholars today have also undergone some changes under the influence of time and place.

In the Gathas or Zoroastrian hymns, Hata fifty-three, verse three and eight, refers to the marriage of Pouruchista, the youngest daughter of Zoroaster (5). Marriage has been an important and discussed issue in Zoroastrian thought and in all ancient and medieval texts. The oldest documents of marriage from that time are at least six centuries old and have a similar structure, but differ in terms of style and content. The oldest of these texts is the Pahlavi text “On the Covenant of Marriage,” dating back to 627 Yazdegird (approximately 1278 AD). After that, the “Last Pahlavi Covenant” from 767 Yazdegird (approximately 1418 AD) is the third longest document (6). These documents mention the commitments of the son to the daughter. One of these, which can be understood as a dowry, is “Goharik.” Its amount was significant at that time. According

It is possible to find the weight of the silver coins at that time and multiply it by three thousand and compare it to today’s price to determine how heavy these numbers were. This was also known as “Amdalmatalbeh”, meaning that the son would commit to keeping the property safe and would have to pay it back whenever it was demanded.

But in terms of dowry, the oldest known law is the “Code of Hammurabi”. According to articles 138 and 139 of the Code of Hammurabi, “if a woman is infertile and is divorced, the husband is obligated to give her the dowry and bridal gift, and if the woman does not have a dowry and bridal gift, it is necessary to pay her the amount of one mina of silver. And if the woman commits the crime of leaving the family or similar acts, the husband is exempt from giving the dowry and bridal gift.” (7).

Dowry is not the only gift in Islam. It should be noted that even in Islamic tradition, dowry is not a constitutional law, but rather a voluntary act; meaning it is not an invention of Islam or Muslims, but rather a remnant of the past and has been confirmed by the new religion with its own specific laws. It is not a matter of what we call it, whether it be “sadaq”, “kabin”, “dowry” or any other term. At least in Iran, through research on the Pahlavi and Pazand contracts, it is evident that this issue dates back to the time of Zoroaster and even before him. For example, in one of the Pazand texts, in addition to direct references to marriage, there is a clear condemnation of excessive dowry. This text is known as the “marriage prayer” and can be found on page 127 of the Pazand texts. To further familiarize ourselves with

The dowry, whether based on the tradition of “mehr” or on friendship, love, loyalty, and commitment, is meant to be a strong bond in a marriage. It is meant to create friendship and love and be a symbol of honesty and truthfulness. However, it seems that in both ancient religious periods in Iran – whether in Zoroastrian or Islamic culture – it has been burdened with heavy weight and has lost its true meaning of friendship and love, and as a result, has also lost its symbol of honesty. In fact, a tradition like the dowry is meant to bring joy and happiness to a marriage. Today, Zoroastrian scholars have made it clear in their teachings. Perhaps one day in Iran, the dowry will also become a symbol of love and commitment, as Ferdowsi sings in his poem about Zal and Rudabeh:

They deserve to be adorned with honor.

From the treasure, they desired what was more valuable.

In Kabul, whatever happened to Sam.

From palaces and hunting and agriculture and greetings.

Other four-legged creatures are drinkable.

From expanding, also from covering.

Apologize to the girl and hold her hand.

He caught and made a pact as well.

He accepted his daughter’s apology.

May they both be happy together.

“Surafaraz gerdii va mardi do-sad”

“Excellence and bravery two hundred.”

He ran and told him that here is the place.

“Be in Kabul and stay in happiness.”

From now on, do not fear evil thoughts.

Our moon’s pale face was amazed.

They took the path of goodness.

Notes:

1. Motahari, Morteza, The System of Women’s Rights in Islam.

2. My beloved Manesh, Hossein, Social Changes in Marriage, Strategic Women’s Studies Journal, 1383, Issue 26.

3. For more information, visit the website of Mobad Kourosh Niknam, researcher of ancient Iranian culture, religious questions and answers.

4. For more information, please refer to: Mobadan Association of Tehran, answers to questions about dowry, intellectual maturity, etc., September 3, 2009.

5. Moradi Ghiasabadi, Reza, Gathae Zoroastrian, Iranian Studies, Tehran, 1392.

6. The heavy responsibilities of the ancient groom, Zoroastrian news website, September 14, 2018.

7. Dowry in ancient Iran, Law Newspaper, 3 Shahrivar 1397.