Analysis of the procedural unity verdict no 708 of Supreme Court general board, compatible to legal & jurisprudential criteria

Abstract

In this article the procedural unity verdict no 708 of Supreme Court general board, after paying installments the dowry is examined and recognizes the wife's imprisonment right based on legal& jurisprudential criteria, specially the principle of family security and the nature of marriage. As we know the consequences of family are not limited to parties and family members and the success, failure and instability of the family, have the direct effect on society and even on next generations. So that, the tenth Article of the Constitution of Islamic republic of Iran describes the family as the foundation of Islamic society, but apparently- despite this insignificant- some judicial decisions- such as the above verdict don’t support the family as a fundamental unit, and even those decisions along with other factors, sometimes would be an obstacle for family durability. This article with descriptive-analytic method is proved that this verdict is not compatible to legal& jurisprudential criteria in terms of not paying attention to the role of the Supreme Court, the situation of dowry in marriage contract, the real description of this subject, and specially lack of attention to husband's inability to pay the dowry (insolvency) and the sentence of paying installments the dowry and due to its negative consequences in preventing the marriage should be reconsidered.

Keywords

• the wife's imprisonment right
• installment payment
• couple duties
• judgmental procedure