Considering the Ideas of Jurisprudents about the Changing of Marriage Portion to Current Price

I n 1376 a Note is added to the article of 1082 of civil law that can be called the plan for the adjustment of marriage portion. Since the legislation is formed with inspiration from Islamic commands, the Judicial Commission of Islamic Consultative Assembly attempted to ask the ideas of some gre...

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Main Author: Zinat Jafari Fesharaki
Format: Article
Language:fas
Published: Razavi University of Islamic Sciences 2009-07-01
Series:آموزه‌‌های فقه مدني
Subjects:
Online Access:https://cjd.razavi.ac.ir/article_887_ea5c879478f46b7f5b6e209abc3012cb.pdf
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author Zinat Jafari Fesharaki
author_facet Zinat Jafari Fesharaki
author_sort Zinat Jafari Fesharaki
collection DOAJ
description I n 1376 a Note is added to the article of 1082 of civil law that can be called the plan for the adjustment of marriage portion. Since the legislation is formed with inspiration from Islamic commands, the Judicial Commission of Islamic Consultative Assembly attempted to ask the ideas of some great authorities of the Seminary. So some of them were agree and some were disagree and some also decree that they should compromise.      The opponents of this plan believe that in paying debts the nominal value of the money should be considered not its real value. The most important reasons of this group are the fungibility of the money, the problem of usury and… Those who agree with this plan also invoke to the rule that “In Islam there is no injury or malicious damage” and the necessity of observing justice and equity and believeof expediency and they are not permanent. The issuing and  that if the decrease of the value of money is too much, certainly the debtor will be discharged from the viewpoint of the common law when he pay the real value of the money.
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institution Kabale University
issn 2251-936X
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publisher Razavi University of Islamic Sciences
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series آموزه‌‌های فقه مدني
spelling doaj-art-12bfcb01dcd647c093e98be2e89378bd2025-08-20T03:58:39ZfasRazavi University of Islamic Sciencesآموزه‌‌های فقه مدني2251-936X2783-36902009-07-0122123142887Considering the Ideas of Jurisprudents about the Changing of Marriage Portion to Current PriceZinat Jafari Fesharaki0 An A.M of jurisprudence and the foundation of Islamic lawI n 1376 a Note is added to the article of 1082 of civil law that can be called the plan for the adjustment of marriage portion. Since the legislation is formed with inspiration from Islamic commands, the Judicial Commission of Islamic Consultative Assembly attempted to ask the ideas of some great authorities of the Seminary. So some of them were agree and some were disagree and some also decree that they should compromise.      The opponents of this plan believe that in paying debts the nominal value of the money should be considered not its real value. The most important reasons of this group are the fungibility of the money, the problem of usury and… Those who agree with this plan also invoke to the rule that “In Islam there is no injury or malicious damage” and the necessity of observing justice and equity and believeof expediency and they are not permanent. The issuing and  that if the decrease of the value of money is too much, certainly the debtor will be discharged from the viewpoint of the common law when he pay the real value of the money.https://cjd.razavi.ac.ir/article_887_ea5c879478f46b7f5b6e209abc3012cb.pdf      key words: adjustment of marriage portioncompensation of the decrease of the value of the moneyfungibility and liquiditypower of purchase
spellingShingle Zinat Jafari Fesharaki
Considering the Ideas of Jurisprudents about the Changing of Marriage Portion to Current Price
آموزه‌‌های فقه مدني
      key words: adjustment of marriage portion
compensation of the decrease of the value of the money
fungibility and liquidity
power of purchase
title Considering the Ideas of Jurisprudents about the Changing of Marriage Portion to Current Price
title_full Considering the Ideas of Jurisprudents about the Changing of Marriage Portion to Current Price
title_fullStr Considering the Ideas of Jurisprudents about the Changing of Marriage Portion to Current Price
title_full_unstemmed Considering the Ideas of Jurisprudents about the Changing of Marriage Portion to Current Price
title_short Considering the Ideas of Jurisprudents about the Changing of Marriage Portion to Current Price
title_sort considering the ideas of jurisprudents about the changing of marriage portion to current price
topic       key words: adjustment of marriage portion
compensation of the decrease of the value of the money
fungibility and liquidity
power of purchase
url https://cjd.razavi.ac.ir/article_887_ea5c879478f46b7f5b6e209abc3012cb.pdf
work_keys_str_mv AT zinatjafarifesharaki consideringtheideasofjurisprudentsaboutthechangingofmarriageportiontocurrentprice