عنوان مقاله [English]
نویسنده [English]چکیده [English]
Determining marriage portion, more than reasonable amount, by spouses which is not in financial ability of husband, has got legal common problem.
The husband is usually undertaken by this kind of marriage portion generally, where as the circumstances indicate that he dosen’t have enough capability to pay it and there is no reasonable possibility for his ability in the future as well.
Some authors have already mentioned the invalidity of these types of marriage portions for impossible delivery, but this objection has not been invoked in Islamic Jurisprudence (Fegh).
The author believes that the nullity of marriage portion invoked by the above inference may be accepted exclusively by taking some general principles of law, and while considering the probabilities in the issue, the theory of invalidity of marriage portion, which are more than reasonable amount, has been preferred because of impossible delivery.