“متن فارسی را به انگلیسی ترجمه کنید:”

“Translate the Farsi text to English:”
Shahin Sadegh Zadeh Milan

The Personal Status Law of Morocco, enacted in 1958, defines dowry as follows: “Dowry means any property given by the husband to the wife as a symbol of his intention to establish a family based on love and companionship.”

Although dowry has been a part of marriage customs in Islamic countries for centuries, its place within the legal framework is a relatively recent phenomenon. In the laws of Islamic countries, ownership of dowry is explicitly given to the wife. The Ottoman Family Law, enacted in 1917, states: “Dowry belongs to the wife and she cannot be forced to use it for household expenses.” The Moroccan Personal Status Law, enacted in 1958, also considers dowry as belonging to the wife and adds that the husband cannot deduct any amount from the dowry for household expenses. Laws related to dowry also define it as a type of “property” that can be monetary or non-monetary, but it must have a “value.” In other words, dowry cannot simply be a promise for current or future actions that cannot be enforced by the court. For example, the Tunisian law states that dowry can be anything that is legal and has a monetary value, and it cannot

Islamic schools of thought have not determined a maximum amount for dowry. Similarly, most Islamic countries have not specified a maximum amount for dowry, but some Islamic countries have set a maximum amount in their laws. The former South Yemen Family Law, passed in 1974, set the maximum amount for dowry at one hundred dinars. Similarly, the Somali Family Law, passed in 1975, set the maximum amount for dowry at one thousand Somali shillings.

One of the cases where legal intervention is evident is when there is a dispute between the parties regarding the amount of dowry. This problem arises when there is no marriage contract. The Personal Status Law of Egypt, approved in 1925, states that if there is a disagreement between the parties regarding the amount of dowry, the wife is asked to prove her claim. If she cannot prove the amount of dowry, the statements of the husband, accompanied by his oath, will be accepted, unless the amount he declares is contrary to the usual amount of dowry for a woman with the husband’s social conditions and background. This law in practice puts the burden of proving the amount of dowry on the wife and eliminates the function of dowry in Islamic societies as a guarantee against the superior legal position of men. The divorce law in Sudan, which was passed in 1935, was similar to the law in Egypt.

Although in the laws of Islamic countries, men are obligated to pay dowry, the writer did not find any cases in their search of individuals being imprisoned for not paying dowry in a country other than Iran. Not paying dowry is one of the reasons for the imprisonment of many Iranian citizens. Article 11 of the International Covenant on Civil and Political Rights explicitly prohibits the imprisonment of individuals for inability to pay debts and fulfill contracts. This article states: “No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation.” However, Iran, which has signed and ratified this covenant, imprisons many of its citizens for financial debts.

In Western liberal democracies, family laws are based on the principle of gender equality and legal issues arising from the Islamic legal system, such as the issue of dowry, are less common. However, prenuptial agreements have similarities with marriage customs and rules in Islamic countries. In these agreements, the division of property in case of divorce is predetermined. Therefore, the issue of dowry can also be compared to these agreements, as it creates financial commitments before marriage.

In the United States, 27 states have passed similar laws regarding the enforcement of prenuptial agreements. This law, known as the “Prenuptial Agreement Act,” was drafted in 1983 and has since been adopted separately in 27 states. This law outlines the conditions under which a prenuptial agreement will not be recognized by the court. These conditions are as follows:

• If a person against whom the contract is being executed has not voluntarily entered into the contract.

• If the contract is against conscience at the time of signing and before its execution, the person against whom the contract is being executed.

• Fair and reasonable information has not been provided about the assets and financial obligations of the other party to him.

• Explicitly, voluntarily and in writing, the right to be informed of the assets and financial obligations of the other party shall not be waived beyond what has been made available to them.

• The other party was not aware of the assets and liabilities, or could not reasonably have been aware.

• If one of the terms of the contract changes or removes the amount of alimony in a way that one of the parties becomes eligible for government financial support after separation or divorce, the court can compel the other party to pay alimony until the first party is no longer eligible for government financial support.

• The non-consensual prenuptial agreement will be brought to court for litigation.

According to this law, the immorality of a premarital contract is determined by how it affects the economic situation of the parties and the conditions under which the contract is made.

In the Western legal system, whether a contract is entered into before marriage or both parties go to court during divorce, the issue is resolved within a framework where, firstly, equality between men and women is generally observed, and secondly, the court monitors the post-separation situation of the two parties.

من یک دانشجوی رشته مهندسی کامپیوتر هستم

I am a computer engineering student.

Executive Director of the Iran Human Rights Documentation Center.