Evaluation of Vahdat Ruye 774 opinion by adopting a supportive approach towards wife's dowry

Articles in Press

Document Type : Original Article

Authors

1 Assistant Professor, Department of Fiqh and Islamic Law, University of Tabriz, Tabriz, Iran

2 Graduated with a specialized doctorate in jurisprudence and criminal law, Khwarazmi University, Tehran, Iran

3 Associate Professor, Department of Fiqh and Islamic Law, University of Tabriz, Tabriz, Iran

Abstract

In some cases, debtors try to transfer property to others with the intention of escaping from debt payment; in such a way that the remaining property is not enough to pay the debt. In order to criminalize the assumption mentioned in Article 4 of the Law on the Execution of Financial Convictions approved in 1377, it was clearly considered a condition that the debt be documented by enforceable documents or that it is preceded by a court order. In the said law in 2014, in article 21, the mentioned conditions were removed, and considering the verbal evidences in the article and the tone of the legislator, this doubt comes to mind that despite the change of the said law, the position of the legislator has not changed and, as before, the religion must have been proven by the court order and Therefore, the mandatory documents must also be issued by the court, so that they can be criminally prosecuted and subject to the criminal liability mentioned in the mentioned article. The same thing was determined even in the cases where religion was dowry; unanimous opinions were issued by the branches of the Supreme Court of the country and finally led to the issuance of the unification opinion of procedure 774, in which the necessity of having a previous conviction to pay the debt is emphasized. Religious apostasy has been discussed in criminal jurisprudence and the basis of its criminalization, and the conclusion was reached that conviction has no effect on...

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Women's Strategic Studies

Articles in Press, Accepted Manuscript
Available Online from 20 September 2023

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