چكيده لاتين
The mahr constitutes one of the most important financial rights of the wife in the Iranian family law system, which the husband transfers to her by virtue of the marriage contract. Although the determination of mahr at the time of marriage is based on the free will of the parties, the acceptance of its modification after the conclusion of the contract has always been subject to doubts from both jurisprudential and legal perspectives.
Modifications of mahr may occur in the form of increase, decrease, or conversion into other property and can be implemented through various legal instruments such as settlement, gift, or discharge. The central question is whether such modifications, once executed, remain within the framework of mahr with its specific legal effects or should be analyzed under independent legal institutions separate from the mahr structure.
This study examines the issue across three chronological stages, with emphasis on the second stage: first, the period from the agreement on mahr to the conclusion of the religious marriage contract; second, from the execution of the religious marriage contract until the registration of the official marriage deed; and third, after the official registration of marriage until divorce. Each stage possesses specific characteristics and consequences, the analysis of which enables the determination of the parties’ authorities and the application of relevant legal frameworks pertaining to mahr.
The findings indicate that the acceptance of mahr modification at each stage depends on the timing of the agreement, the parties’ consent, and the legal instrument employed, leading to different legal consequences. Jurisprudential and legal sources demonstrate varying opinions regarding the acceptance of such modifications. Some official interpretations, including Opinion No. 35079/30/88 of the Guardian Council’s jurists, have rejected the legitimacy of increasing mahr after the contract. However, if subsequent agreements between the spouses are properly executed within valid legal frameworks, they may be interpreted outside the formal concept of mahr, with their own legal effects.
This research, adopting a descriptive-analytical and positivist approach, aims to provide a clear and practical picture of mahr modification within the Iranian family law context. In this regard, it proposes recommendations for clarifying or amending existing regulations to reduce inconsistencies in judicial practice and ambiguities in spouses’ financial relations. The results of the jurisprudential, legal, and judicial review especially regarding common disputes in courts during the second stage—demonstrate that the lack of clear guidance on secondary agreements of the spouses may lead to contradictory judgments. Therefore, systematizing the issue is indispensable not only from a theoretical perspective but also to achieve justice and unify the judicial practice in family disputes.
