چكيده لاتين
The escalating issue of exorbitant dowries (Mehr) and their non-cash payment at the time of marriage has created serious challenges in family formation and marital stability in contemporary society. This situation, particularly in divorce cases, leads to prolonged legal conflicts and the erosion of family foundations. The main problem lies not in the principle of Mehr itself, but in its current function as a financial safeguard after divorce and a tool to guarantee the continuation of marital life. This is while the original philosophy of Mehr in Islam was a symbol of the husbandʹs affection for his wife and a cash gift at the beginning of their life together, with no direct connection to the issue of divorce.
The present study, aiming to provide an intra-religious solution to this dilemma, conducts a jurisprudential and interpretive examination of the institution of "Mataʹ bil-Maʹruf" or so-called "Mutaʹat al-Talaq" (divorce compensation), derived from verse 241 of the Holy Surah Al-Baqarah. This research, using a descriptive-analytical method and relying on verses, authentic narrations, the conduct of religious leaders (Seerah), and reason, challenges the well-known jurisprudential view that restricts the obligation of Mutaʹa to non-consummated "Mufawwadah" women, and considers the obligation of paying Mutaʹat al-Talaq for all divorced women to be provable. The findings indicate that expanding the scope of this jurisprudential institution, as a financial gift, can not only alleviate the pain of separation but also serve two main functions: assisting in the financial security of women in the post-divorce period and guaranteeing the continuation of couplesʹ lives to reduce divorce rates. From a legal perspective, it can lead to the adjustment of heavy dowries and a reduction in their social consequences. Furthermore, replacing Mehr with this "Mataʹ" (divorce compensation) will lead to the revival of Mehrʹs original function. In this scenario, Mehr would be paid in cash or at a specified time, based on the husbandʹs financial capacity at the beginning of their shared life, and if the marriage leads to separation, the wife would be entitled to receive Mutaʹat al-Talaq.
The distinguishing feature of the present study is its simultaneous examination of two important social phenomena, namely marriage and divorce, alongside two related jurisprudential institutions, Mehr and Mutaʹat al-Talaq. In this regard, it is proposed that the institution of "Mutaʹat al-Talaq" be incorporated into the Civil Code under the Family Protection Law as the "Marital Life Guarantee" plan. This research, by providing strong and convincing jurisprudential arguments, has the ability to persuade the Guardian Council to approve the institution of Mutaʹat al-Talaq, and in case of non-approval through jurisprudential channels, deems the inclusion of this religious institution necessary from the perspective of public welfare and as a governmental decree (Ahkam-e Hukoomati).
