Biased Support, Criticism of the Approach Governing the Conditions of the Marriage Contracts Included in Official Marriage Contracts

Articles in Press

Document Type : Original Article

Author

Mostafa Dehghan

Assistant Professor of the Department of Qur'anic Sciences and Jurisprudence, Shiraz University

10.22067/jfiqh.2026.94734.2028

Abstract

The provisions of the conditions of the marriage contract, which obligate the husband to own up to half of the assets in the event of divorce at his request, provided that the wife does not violate her duties and the wife's irrevocable power of attorney in the divorce in the twelve cases mentioned in the marriage contract, on the one hand, create new financial obligations and duties on the husband's part and on the other hand, create new rights in favor of the wife. The issue of this research, which is organized using a descriptive-analytical method and referring to library sources, is the biased and one-sided approach of these conditions towards the wife's rights and its consequences. The study conducted indicates that the proposed conditions do not comply with the principle of impartiality and the lack of balance of the rights of the spouses are crystallized. This approach has consequences such as limiting the man's right to divorce even if there is a valid reason for divorce, leading the him to other ways such as wife abuse, emotional divorce, etc., extending the wife's hand in divorce and increasing the number of emotional divorces, and the wife's abuse of the one-sided process of conditions included in the contract, and as a result, the foundation of the family is shaken, and it is necessary to review it.

Keywords

Family jurisprudence

family rights

marriage

marriage contract conditions

rights of the husband

Subjects

• Jurisprudence and family law

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