Akram Abdolahpur; Elaheh Abdolalinejad; Zohreh Khaleghi
Abstract
The right to lien means the right of one party of an exchanging agreement to abstain from the performance of his obligation until the other party takes action to perform his obligation. Most Muslim jurists agree with the enforcing the lien in exchanging agreements; there are however different opinions ...
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The right to lien means the right of one party of an exchanging agreement to abstain from the performance of his obligation until the other party takes action to perform his obligation. Most Muslim jurists agree with the enforcing the lien in exchanging agreements; there are however different opinions among Muslim jurists with regards to the subject of the right to lien in marriage (meaning that the wife has the right to abstain from performing her duties against her husband until the marriage portion is fully submitted to her, provided that her marriage portion is accelerated and no canonically obligatory sexual resignation of woman to her husband is provided). Citing various arguments such as the exchanging nature of the marriage contract, the traditions, the consensus, the rule of negating loss and fault and the customary condition of the marriage contract, famous Muslim jurists have emphasized the legitimacy of this right. In the meantime, a few Muslim jurists have opposed the subject of lien in marriage and have denied this by counting false the evidence and bases of the right to lien in marriage. Only Ibn Idris considers this in detail: he considers the right to lien to be valid if the husband is found affording and does not accept it if the husband is found insolvent. Presenting different views of Imamite jurisprudents and their foundations on the right to lien in marriage, this descriptive-analytical study is aimed to elaborate and criticize the reasons by those who accept the right to lien in marriage and thereby negates this right.
