Legal status of donation in relation to dowry and the possibility of retracting it with emphasis on the general obligation of dowry

Mohamadi Ramaghani, Hassan; Vali Noghreh, Yasaman

doi:10.48308/jfr.2025.237434.1870

Legal status of donation in relation to dowry and the possibility of retracting it with emphasis on the general obligation of dowry

Document Type : علمی - پژوهشی

Authors

hassan mohamadi ramaghani ¹

yasaman vali noghreh ²

¹ Assistant Professor of Law Department of Islamic Azad University, Bandar Abbas Branch

² Senior expert in private law, Islamic Azad University, Bandar Abbas branch

10.48308/jfr.2025.237434.1870

Abstract

The donation (hiba) of dower (mahr) and the possibility of revoking such donation has always been a matter of disagreement among legal scholars (doctrines) and the judicial practice of courts. This controversy becomes more pronounced when the dower is determined as kulli fi al-dhimma (a general obligation). Some scholars, considering hiba of a kulli fi al-dhimma dower as a type of specific property (‘ayn), argue that it is revocable based on the first part of Article 803 of the Civil Code. Others, however, regard it as a form of discharge (ibra’) and, relying on Article 806 of the Civil Code, maintain that it is not revocable. Therefore, the necessity of this study arises from the diversity and inconsistency of judicial decisions in this regard, and examining the issue may contribute to establishing a unified judicial approach.The aim of this research is to examine the legal foundations, analyze judicial practice, review juristic opinions, and ultimately present an interpretation in accordance with the law. Based on the conducted studies, although kulli fi al-dhimma is categorized as ‘ayn, what is actually owed (‘ala al-dhimma) is deemed as a debt (dayn), and the rules applicable to debts govern it. The findings indicate that, exce

Keywords

Dowry

Gift

Retract

Subjects