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manager of islamic jurisprudence and jurisprudence
Abstract
The issue of difference between secret and public dowry is one of the complex and discussed issues in family law. In this case, the couple initially had a secret agreement on a certain amount of dowry, but in the official and public contract, they announced another dowry. In the event of a dispute, three main aspects can be examined in this context: the first aspect: the existence of a dispute with the priority of secret marriage; The second aspect: the existence of disagreement and agreement of the couple on the formality of the public marriage; The third aspect: the difference between spouses and the husband's insistence on the Mahr al-Sar and the wife's adherence to the Mahr al-Alan or vice versa. The upcoming research with the assumption of acceptance of Mehr al-Sar with the aim of investigating the dimensions of differences in Mehr al-Sar's agreements and exit solutions with a descriptive analytical method, aims to find out the reasons, types and consequences of differences in Mehr al-Sar's agreements, provide practical solutions for preventing and resolving disputes, criteria for determining the dominant word, etc. explainThe conclusion is that, in cases where the husband adheres to the private seal and the wife to the public seal, although the superiority of the public seal seems to be valid due to the superiority of the external will over the inner will; However, this preference is not appropriate due to the lack of a specific text in the jurisprudence of the parties, the preference of the agreement of individuals over custom, the avoidance of allocation and limitation, and the reference to the principle of companionship. Therefore, Mehr al-Sar is superior to Mehr Alani by arguing that the husband is deceived by the wife