عنوان مقاله [English]
نویسندگان [English]چکیده [English]
According to ImÁmiyya consensus, if a marriage portion set for the wife
in a marriage contract and it leads to a separation due to the divorces of
the spouses before penetration and intercourse, the ex-wife is entitled to
half of the prescribed marriage portion. Supposing the separation is
because of the death of the husband, what will happen to the marriage
portion? Is the ex-wife entitled to the whole marriage portion determined
in the lifetime of the husband? Or as in the previous case (divorce prior to
penetration) the ex-wife is merely entitled to half of the marriage portion?
Majority of ImÁmiyya jurisprudents have adopted the first view holding
that dividing the marriage portion in two halves prior to penetration is a
view supported by specific proofs. Extending the same rule to the
circumstances of the death prior to penetration requires further proofs.
Therefore, under such circumstances, the ex-wife is entitled to the whole
marriage portion. In contrast, detailed jurisprudential books have
attributed the second view to few jurisprudents including fayd kāshānī.
Rereading the issue, authors of the present article have found the second
view supported by certain proofs seeing it more adaptable with the rules
of jurisprudential deduction (ijtihād) after making a comparison between
this view and the dominant one.