Deferred dowry between Islamic Jurisprudence and law

Ageel, Walaa Adil

doi:10.63677/jqlap.2025.165762.1462

	Deferred dowry between Islamic Jurisprudence and law
AL-Qadisiya Journal For Law and Political Sciences
Article 28, Volume 17, Issue: 1 part 1, March 2026, Pages 629-640 PDF (653.3 K)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.165762.1462
Author
Walaa Adil Ageel^*
College of law Al-muthanna university
Abstract
The deferred dowry is a very important aspect of the provisions of dowry in the marriage contract, whether in Sharia or law, and is agreed upon in the marriage contract. It is a financial right for the wife and a debt owed by the husband upon consummation or proper seclusion. It is deferred later, either upon demand or availability, or upon death or divorce. This, in turn, enhances family stability and provides a guarantee for the wife. However ,practical reality makes this debt linked to the degree of negligence in the marital relationship upon judicial separation, and this departs from it being a debt owed. Likewise, the claim for it is dropped in the event of disobedience. The method for obtaining it used to be directly through the execution of the marriage contract, but now a lawsuit is filed before the competent. There is a problem in the clear discrepancy between the wife's financial right to the dowry and its entitlement upon demand and availability, and the reality that suffers from an obstacle that prevents this, despite the fact that the deferred dowry is a fixed debt owed by the husband that must be paid upon demand and availability, but the deferred dowry is linked to the percentage of negligence in the event of divorce or judicial separation, despite it being an independent entitlement, as well as its forfeiture in the event of disobedience. And the method of demanding it.

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