The Realization of "No dowry for the Adulteress" Rule in Iran's Legal System

Abstract

In Iran's legal system there are some issues which encompass the denial of the woman’s entitlement to a dowry. These issues are true when a woman is aware of the sanctity of marital sexual relations. The majority of authors have introduced "No dowry for the adulteress" rule as the juridical basis of this regulation. However no independent research has been done about this rule and its content. The main question in this regard is whether, basically, can this ruling be considered a legal rule? In this case, what is the meaning of the main words of this rule and what is the cases of influence of this rule in Iranian law? In this article these questions have been studied and finally, it has been concluded that due to the characteristics of jurisprudential rules such as the "No dowry for the adulteress" sentence could be known as a jurisprudential rule because of its being general which is documented according to numerous hadiths, agreement of jurists and consensus. Also examples of the influence of these rule such as dowry and compensation of hymen for adulteress in Iran’s’ legal system has researched and studied.

Keywords

• juridical rule
• dowry
• adulteress
• compensate of hymen
• efdha