Researchers

Ahmad Kairouz

Published in

Al-Baath University Journal - Series of Legal Sciences, volume 45, issue 17, November 2023.

Abstract

This research aims at showing the rule of adjusting the due amount of the women's delayed dowry in case of economical inflation under the scale of Islamic Jurisprudence comparing it to the opinion of Syrian Legislator.

 Whereas, the women's dowry is considered a debt where they agree, as usual, on postponing the fulfillment of part of it or even postponing it entirely. And it may accompany that with a great decline in currency's value of the dowry. This leads to a decline in the value of her dowry because of the economical inflation.                                                      

As an introduction to that, this research studies Jurists' opinions concerning adjusting debts in cases of the change in value of money, then it illustrates the views of contemporary Jurists and their evidence in this issue. After that, it exposes what the Syrian law says about the issue of adjusting dowries in addition to discussing it.

This research reached many results: one of the most important results is permissibility of adjusting the fixed debts in the conscience by other currencies, including dowry in case of great economical inflation. Also, they put some standards in distributing the harm between the debtor and the creditor.

The Syrian Legislator tried to be just with the wife through the judgement by adjusting the dowry. However, the legal text contains some gaps such as giving priority to the tradition text instead of legal text. Moreover, it does not limit the adjustment in the value of currency accurately, as well as a problem in its formation.

Keywords: Dowry, Inflation, Money, Debt, Detriment.

Link to full paper

https://albaath-univ.edu.sy/journal/index.php/Law/issue/view/715/645