Sayyid Mostafa Mohaghegh Damad: Difference between revisions
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=== Calculation of Dowry (Mahriyyeh) at the Updated Rate and Its Installment === | === Calculation of Dowry (Mahriyyeh) at the Updated Rate and Its Installment === | ||
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. | 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. Mahriyyeh is paid paid at the rate of the day of payment, although some jurist like [[Ayatollah Golpayegani]] consider only the primary amount valid. The law of Mahriyyeh at the updated rate was also ratified for compensation of devaluation of the dowry. | ||
On paying Dowry in installments, Mohaghegh Damad takes into account the "contractual condition"; according to Article 1083 of the Civil Code of Iran, the couple can agree on gradual payment of Mahriyyeh. therefor the wife consents to limitation of her right to urgent 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> | |||
=== Requirement of Religious and Denominational Compatibility in Marriage === | === Requirement of Religious and Denominational Compatibility in Marriage === | ||