The Jurisprudential Evaluation of the Impact of a Couples’ Death on a Specified Dowry(Mahr in Misamma)

Abstract

According to a well-known saying by jurists and consequently according to article 1082, of the civil code, dowry will become the wife’s property of the as soon as the marriage contract is signed; although the wife’s ownership of half of he dowry is uncertain and it will only be established through the realization of some factors. Jurists unanimously agree that the dowry becomes the property of the wife after matrimonial intercourse or natural apostasy of the husband; however, there is no unanimity of opinion regarding the death of husband or wife. So; this question is raised as o whether the death of one of the couple is one condition that can establish dowry. The present paper states different viewpoints of different jurists in this respect, evaluates them and finally prefers the saying of halving dowry by the death of one of the couple before matrimonial intercourse over the others regarding authentic and correct narrations reaching verbiage (Istifazah).

Keywords

• dowry
• establishment of the dowry
• death of the wife
• death of the husband