Sayyid Mostafa Mohaghegh Damad: Difference between revisions
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== Family Fiqh == | == Family Fiqh == | ||
=== Dowry (Mahriyyeh) at the | === Calculation of Dowry (Mahriyyeh) at the Updated Rate and Its Installment === | ||
From Mohaghegh Damad's perspective, " | From Mohaghegh Damad's perspective, "Calculation of Dowry at the Updated Rate" is based on the theory of currency devaluation, a theory that is not exclusive to Mahriyyeh and includes all Fiqhi and legal debts. Since money lacks intrinsic value and its credit depends on purchasing power, its reduction in exchange value must be considered in calculation of debt. In law, late payment damages and currency devaluation are two distinct categories. Paying Mahriyyeh at the rate of the day of performance is considered the fulfillment of the debt, although some like [[Ayatollah Golpayegani]] consider only the initial amount valid. The law of Mahriyyeh at the current rate was also approved to compensate for the economic decrease in the value of the dowry. | ||
Regarding the issue of installments for Mahriyyeh, Mohaghegh Damad emphasizes the principle of "conditions within the contract"; according to Article 1083 of the Civil Code, the couple can arrange the payment of Mahriyyeh gradually within the framework of an agreement. In this framework, the wife, with her consent, limits her right to immediate demand of Mahriyyeh, and the husband becomes obligated to pay it at the specified times. However, if the husband intends to pay the Mahriyyeh before the appointed time, the wife cannot refuse to receive it.<ref>Mohaghegh Damad, Fiqhi Study of Family Law, pp. 210–212; Mohaghegh Damad and Khanlari, "Fiqhi and Legal Study of the Establishment of the Wife's Right to Dowry," pp. 127–158.</ref> | Regarding the issue of installments for Mahriyyeh, Mohaghegh Damad emphasizes the principle of "conditions within the contract"; according to Article 1083 of the Civil Code, the couple can arrange the payment of Mahriyyeh gradually within the framework of an agreement. In this framework, the wife, with her consent, limits her right to immediate demand of Mahriyyeh, and the husband becomes obligated to pay it at the specified times. However, if the husband intends to pay the Mahriyyeh before the appointed time, the wife cannot refuse to receive it.<ref>Mohaghegh Damad, Fiqhi Study of Family Law, pp. 210–212; Mohaghegh Damad and Khanlari, "Fiqhi and Legal Study of the Establishment of the Wife's Right to Dowry," pp. 127–158.</ref> | ||