The Impact of the Spoiled Specified Dower (A Comparative Jurisprudent Study)

Abstract

  According to Islamic legalization the relation on of family underpins bandied commitments' between the sides of this relation . The main of these commitments: financial rights between two sides . The opposite of right is duty the highlighted  financial of woman are dowers and alimony(outlay). The dower has many judgments . This research is about subsequences on bane (doom) 0f dower or its acquisition and it is the juristic subsection and it has many parts . And there are many questions about it especially in the current circumstances which caused a lot of new jurisprudential judgments . also the old Islamic jurisprudence talked about them in their books and the human law took up them through some texts.  But the human law relocated these subjects to the Islamic legalization. The dower is the main results of marriage contracted by most of Islamic jurists , but according to the opinion  of  Al Malekia the dower is the mainstay of marriage –contract.

The scolares have classified the dower as following: amount of money , or some things us: a house, a car, furniture , equipments  or anything else .But the this dower maybe consumed all or party before the wife receives . And some times before or after the marriage . maybe this case happens by wife , husband or anyone else even a natural calamity.

The ensuring differs between wives and husbands, and the judgment of the this matter and enquiry of people about it.

     Syrain law number( 59) in 1953. Left the rule of doom of dower to Al Hanafy denomination, according to the item (305) that include this idea everything with out a judgment in the human law . we can find the judgment for them in the Al Hanafy denomination, so I am trying in this research to establish judgments for this subject .