
In captivity of love / Mehdi Amberi
“این تصویر یک گلدان با گلهای زیباست”
This image is a vase with beautiful flowers.
Mehdi Anbari
Tonight, I also heard the call of “O Allah, release all prisoners” and once again I have arrived at another settlement. In the beautiful plains, with the joy of love, affection, connection, marriage, and the sacred bond of marriage! Yes, the sweet word of marriage. A word that defines the sweetness of union between a girl and a boy. Marriage and the formation of a family have become a strange event among the youth of my dear country. Perhaps we should be grateful that in all aspects and functions – personal, social, economic, political, religious, etc. – we are moving in the same direction and there is no paradox. Now, is it for progress, improvement, and flourishing or for the destruction and decline of a false and corrupt system? I am helpless; someone find a buyer for Portugal!
The preacher in the midst of prayer would say, “Oh God, repay the debts of the debtors and free the prisoners… Oh God… Oh God, should we truly entrust all matters to you? Should we only seek from you? Yes, you are the most unique in knowledge and wisdom, you are the light above all lights. But oh God, do we not do anything? Do we not think? Do we not plan? Do we not prevent? Do we not educate? Do we not seek counsel? Do we not reform? Do we not look towards the future? And…”
According to the report of the ILNA news agency, more than 4,500 people are currently in captivity due to their debts for dowry. According to the CEO of the National Diya Headquarters, this is the latest official statistic of those whose work has been sentenced and imprisoned; the situation of the court and the bitter issue of divorce is even worse than this partial statistic. Like the official statistics of addicts, the age of drug use, AIDS, street women and men, obscenity, embezzlement, etc. are all similar to each other, alas! With this official statistic, there are many young people, middle-aged and even elderly people who are in captivity; of course, young people are more and all are men. They are the ones who are under the religion and are in captivity due to their debt to their love, bond and marriage. But beyond this flood, there are others who are captives without a sentence, bond or prison. Young, middle-aged and
The Quran has accepted forgiveness as a dowry and cash payment. There are multiple narrations that mention a ring and the teaching of a surah from the Quran as a dowry in the biography of Muslims during the time of the infallibles (1). But what is a dowry? A dowry is a specific property or something that can be exchanged and the husband is obligated to pay it. The dowry is the complete right of the wife over the husband, who is responsible for providing and paying it. The dowry is the personal ownership of the woman and no one has the right to interfere with it (2). Perhaps one of the most knowledgeable scholars will say that this issue is no longer relevant! Who gives and who takes the dowry!? But the dowry has been a problem in our country for a long time and heavy and strange dowries are one of the biggest social problems. In fact, what is more prevalent and causes more problems are deferred dowries that cannot
What should the dowry be? Coins, gold, cash, black rose, or 2 kilograms of fly wings!? Although it is mentioned in the tradition and sayings of the Prophet of Islam that the less the dowry, the more desirable it is, but considering the current conditions of society and the experience I have had with different people, I must say that dowries between 114 and 400 coins are generally more proportional. Low dowries cause girls to feel insecure and high dowries will put boys in an unsafe position (4). These sentences are from psychology with the authorship of dozens of books on marriage and married life, which have at least offered a relative and practical suggestion. But what can be concluded from the summary of the opinions of Shiite and Sunni jurists, based on verse 20 of Surah Nisa and various narrations from the Prophet of Islam who said: “The best dowry is the least of it” or “The most blessed marriage is the least
I had a question about the reason for this increase in dowry demands. I found a study that concluded, with a sample size of 60 couples and a sample of 52 couples, that one of the most important factors that leads to an increase in dowry demands from the bride is the addiction of the couple. Addiction is a fundamental factor that can lead to both divorce and dowry demands (5). In a study that has examined the causes of divorce in Iran over the past three decades, age at marriage, age difference between the couple, economic factors, education status, and number of children were the most important variables that were considered as influential factors in divorce (15). There is a lot of complexity in this matter. It seems that when problems such as addiction and various conflicts arise that cannot be resolved or reconciled, divorce and dowry demands become a natural occurrence. But how can something that is essentially secondary become a distressing principle in our time? This claim is confirmed by Dr
What is the background and history of Mehr Mughilan? In the beginning, Mehr was considered as the price for selling a woman, with the victory of the letter “M” (Mim) being the starting point. With the emergence of divine religions and the formulation of laws, Mehr has changed and become a divine gift or offering. In the current culture of Iran, the Islamic concept of Mehr for girls has completely transformed and is no longer considered a gift, but rather a dowry and a penalty for divorce (6). This is a brief and useful mention of its history! Of course, some religious researchers have attributed the origin of Mehr to the time of Adam and Eve’s creation and have said that the first covenant that was established for the origin of the current human race – the marriage of Adam and Eve – was for teaching divine laws and rulings (7). Looking at the history and civilizations of different societies, it becomes clear that Mehr existed in various forms in religions and civilizations before Islam
It is good to take a look at the law in this article. What does the law say in this regard? The Family Protection Law was passed for the first time in 1346 and has been revised three times until 91. Apparently, in Article 22 of the Family Protection Law passed in 1391, a turning point was reached and a limit of 110 gold coins was set for the payment of dowry by the couple, which is subject to the regulations and laws of financial convictions (9). It seems that this law was not able to be very effective in healing the wounds of creditors and debtors of dowry, and more importantly, it did not lead to fundamental changes like many other laws and remained content with its fixed and perpetual nature. It remains that from the year this law was passed, the economy of the country has been in a worse state than before, and the prevalent price of dowry has reached the sky and once again, the day starts anew…
The question that has occupied my mind for years is when will our laws, which are not lacking in quantity, become more qualitative and thoughtful!? For example, why are life skills not taught in schools, why is there no law for pre-marriage education, or a law for qualifying for parenthood!?
It seems that the various theories about dowry are not absolutely correct and complete, and only some aspects of dowry have been considered. Therefore, it is appropriate for dowry to be interpreted within the framework of family law and in conjunction with other related institutions, and presenting an abstract interpretation of dowry will not be immune from error (10). Perhaps the most logical thing I have found about the subject of dowry is this. Yes, dowry should be considered along with other individual and social institutions and analyzed. The existence and necessity of dowry have been cited as a divine gift, a means of compensating for the deficiency of a woman’s inheritance share, a means of guaranteeing a woman’s rights in the face of divorce, elevating a woman’s social status, and as a reason for the cost of dowry, a means of achieving perfection for a woman, and so on. Let’s assume that dowry is all of these things or none of them. Exactly at this
We all know that the current situation has become complicated and technology, virtual space, etc. have turned everything upside down. But the solution to the current problem and the unfortunate situation of families involved in receiving and paying dowry is not just limited to scientific and religious definitions, legislation, forming campaigns to defend the rights of women seeking dowry, and forming campaigns to defend the rights of indebted men. It seems that this is the missing link in our society and our fast food; education. I hope that eventually the clouds, wind, fog, sun, and sky will come together and improve the current generation’s situation. But our next generation and our children; they must have better education with this level of progress and access to modern technologies. They should not be raised like our generation with outdated laws. They should enter the realm of married life with more skills. Therefore, we must think about them from today, because currently the formal and informal education system of our country has lost its educational and even training
It is upon us to think as parents, separate from the hands of fate and divine will, for our own reasons and responsibilities, and consciously take steps towards becoming parents; not just as tools for procreation. It is upon us to provide our children with safe and peaceful homes, filled with unconditional love and away from materialism, so they can grow. It is upon us to raise our daughters and sons as worthy fathers and mothers for the future.
The summary of this is that dowry is a religious, customary, and legal obligation in our society and everyone is obligated to comply with it within these frameworks. However, the quality of this issue is subject to criticism and change. After going through a path full of ups and downs, we still have problems with the basics and definitions, and precise, scientific and implementable definitions that are suitable for our real world and meet our daily needs are like alchemy to us. The definition of key concepts such as woman, man, maturity, sexual relationship, family, marriage, happiness, and flourishing are full of contradictions and deficiencies; let alone a secondary concept like dowry. If we start working on it from now, perhaps the next generation will be immune from experiencing such bondage.
Notes:
“Musavi Takami, Sayed Sadegh, Dowry and its Relationship with Payment Methods in the Quran and Narrations of the Infallibles, Journal of National Research, 1396: 2 (16), pp. 133-117.”
Tosali, Myth; Fooladi, Lila; Amanollahi, Mina; A Comprehensive Study of Attitudes towards Dowry among Students of Allameh Tabatabai University, Journal of Social and Psychological Studies of Women, 2014: 12 (4), pp. 68-43.
Ali Saeedi, Mohammad, “A Study of the Legal Validity of Heavy Dowries,” Journal of Law, 1387: 40 (101), pp. 127-109.
Kian Nia, Asghar, Suitable Dowry for Marriage, Sharq Newspaper, Issue 1119, 2nd of Ordibehesht Month 1389.
Jalali, Seyyed Mehdi, Critique and Analysis of Dowry in the Family Protection Bill. Women’s Social and Cultural Council Quarterly, 1389: 12 (48), pp. 218-183.
Biranvand, Reza; Sahabdel Nia, Mansoureh; Causes of Increase in Dowry Demands by Wives in the Years 95-96, Journal of Comparative Legal Research in Iran and International Law, 2018: 11 (41), pp. 152-127.
Kalanteri, Abdolhossein; Roshanfekr, Payam; Javaheri, Jaloo, A Review of Three Decades of Divorce Research in Iran. Quarterly Journal of Women’s Social and Cultural Council, 1390: 14 (53), pp. 162-129.
Hashemnejad, Zahra; Gholampour, Mohammadreza; A Jurisprudential and Legal Study of Dowry Modification. Scientific-Research Quarterly of Jurisprudence and History of Civilization, 2015: 10 (46), pp. 156-136.
Imami Namin, Mahmoud, the nature of love and the criticism of heavy dowries. Articles and studies, 1386: 10 (86), pp. 44-31.
Anaheed, Fatemeh, A Legal Analysis of Women’s Dowry and its Philosophy in the Islamic Legal System. A Collection of Articles from the Regional Conference on Women in the Islamic Legal System, Islamic Azad University.
Bahmanpour, Abdullah; Jafarpour, Soheila, The Legal and Juridical Position of Dowry in the Legal System of Iran with Emphasis on the Family Protection Law of 1931. Quarterly Journal of Family Law and Jurisprudence, 2012: 22 (67), pp. 125-101.
Taghizadeh, Ali; Mousavi, Sayed Ahmad; Dowry Guarantee. Journal of Legal Research, 1389: 12 (29), pp. 86-65.
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