What is a woman’s dowry?
As we said, the dowry is one of the most important financial rights that will be given to the wife after marriage. According to Article 1082 of the Civil Code and the words of the dowry lawyer:
“Once she is married, the woman becomes the dowry owner and can do any kind of possession she wants.” What follows from this article is that as soon as the marriage contract between the husband and wife becomes effective, the wife becomes the owner of the dowry that was placed on her neck before and after the death of the husband, and she has the right. She demands it whenever she wants, or even gives her dowry to her husband.
One of the conditions for the validity of a temporary marriage is to determine the dowry. This means that if the wife’s dowry is not specified in the temporary contract, or the wife does not have a dowry, then this contract is not valid. If it is in the permanent contract, it is not necessary to specify the amount of the dowry for the validity of the contract. Therefore, the wife’s dowry can be claimed in any way even after the death of the man, and it has nothing to do with cases of illegality, disobedience, demand for dowry and payment of the dowry of the wife from the husband.
Conditions for disbursing a wife’s dowry after her husband’s death
Hint 1The heirs are not responsible for more than the entire estate of the deceased. This means that if the husband died and did not leave an inheritance or had a small inheritance and his wife asked for a dowry and the remaining inheritance was not responsible for her dowry, then the heirs of the deceased husband are not responsible for the dowry of the wife.
Hint 2: If the money left by the deceased was small and there were several creditors, then whoever took the first steps to receive his claim and confiscate the deceased’s money, the seized funds shall have priority.
For example, the deceased left an apartment in the amount of two billion tomans, the dowry of the deceased’s wife is 700 coins, and the creditor also has a check for one billion tomans.
Here, if the check holder succeeds in confiscating the inherited property (apartment) before the spouse of the deceased, he will have priority to receive all his claims.
Hint 3: Equally, the dowry of a deceased wife is a distinct debt and the wife has priority over other creditors. Therefore, the deceased woman has priority over her husband’s other creditors by applying for her dowry.
Hint 4According to Article 1082, as it was said, if the spouses do not marry and the husband dies, the deceased virgin’s wife has the right to demand all of her dowry from the place of marriage.
If a woman’s dowry was a common currency until the death of her husband, then it is calculated at the daily rate, and if a woman’s dowry after the death of her husband was a gold coin, then obviously the standard would be the same. A coin regardless of its price. Therefore, the dowry of the Virgin is completed after the death of her husband.
Hint 5If the wife was a virgin before her divorce, she can request the full dowry from her husband.
If the wife collected all her dowry after confiscating her husband’s property and remained a virgin, but after some time the husband and wife divorced each other, the woman must return half of the dowry received to the man.
This is the main difference between a woman’s dowry after her husband’s death and a woman’s dowry before her husband’s death. Indeed, only in the event of a divorce is the dowry of the virgin wife reduced by half, and there is no such thing in death.
What is the obligation of the wife’s dowry after the death of her husband?
As we explained in the article above, if the man left the world and the woman paid a dowry through demand, but the deceased husband left no property or his property was not sufficient for the wife’s dowry, then the deceased man’s heirs will not be liable to pay the wife’s dowry
If the remaining property of the deceased spouse is small and there are several creditors, then priority will be given to each of them to confiscate property from the deceased person first. However, it must be borne in mind that, under equal conditions, a woman’s dowry is a distinct religion, and in comparison with other creditors, a woman has priority, and has priority by filing a petition to demand the dowry from other creditors.
Conditions for obtaining the dowry from the father of the spouses
Hamid Amiri says: If the wife’s father dies and her husband inherits from him, the wife has the right to demand her dowry from the share of the inheritance given to the man.
In this case, there will be two approaches to the wife. The first is to work through the implementation of the registration and the second is to file a lawsuit on behalf of the heirs.
As the wife’s dowry is a debt of privilege and must be paid, the wife’s dowry must be paid first from the inheritance, and finally the remainder of the deceased’s money is divided among the heirs, including the deceased’s wife. ..
Please note that if the wife dies and does not receive her dowry, her heirs have the right to claim the dowry.
However, according to the law, the dowry is considered a debt of the man, and his father-in-law is not obligated to pay the dowry even if he is financially able.
But due to some emotional problems, and in order to provide part of the needs of the wife in the rest of her life, it is possible that the father-in-law will pay a part of his bride-price.
It is worth noting that if the wife goes to court to receive her dowry, the judge will obligate the husband to pay the dowry after the necessary investigations as to whether the husband has the financial means or not.
The rule of dowry is similar to the standard wage
Just as the wife has the right to receive her dowry after the death of her husband, this can also be claimed by fulfilling the following conditions:
If a woman has done household chores that are not part of her duties (such as breast-feeding the child) and it is on her husband’s orders and without his consent, she can ask for her wages from the man’s mother as well.
The dowry of the second wife after the death of the husband
The dowry lawyer says in this regard:
One of the most important rights of a woman after the death of her husband is the dowry, and immediately after the marriage contract, the wife is entitled to receive a dowry, and there will be no difference between the dowry of the second wife after the death of the husband. Husband and his first wife.
The second wife’s dowry can also be obtained under any circumstances, even if the marriage of the second wife to the deceased husband is not permanent. Although the husband and wife do not inherit each other in a temporary marriage, the issue of the dowry differs, and after the death of her husband, the woman will be able to obtain a dowry from him. The dowry of the first wife does not take precedence over the dowry of the second wife.
Types of dowry and conditions for claiming it
The exact amount of the dowry is written in the marriage contract and signed by the man. Dowry or charity can be in the form of Upon request or whenever possible is determined. If the performance of the dowry on demand is specified, then the ability of the man to pay it must be established first, but in the dowry on demand, the man is judged to perform the dowry and has to pay it according to the conditions. If the assets of the husband are not sufficient for the wife to receive her dowry in cash, she can receive it in installments.
If a man refuses to pay his wife’s dowry, he shall be punished with imprisonment. There are no reasons such as promiscuity, disobedience, disobedience regarding the receipt and payment of the dowry, and it does not cause any problems in the payment process.
A woman’s dowry is obligatory after the death of her husband from the marital money
According to the law, when a woman wants to take her dowry, if the man is alive, the dowry is paid to the woman in cash or in installments if the man cannot afford it.
But If the husband dies, dowryWomen are part of religionThe deceased is countedto be In this case, according to Article 869 of the Civil Code, if the deceased left an inheritance, then his debts will be paid from the remaining property, which is called the estate.
Therefore, if the deceased left any property, the wife’s dowry and other debts must be paid before the inheritance is divided among the heirs. After paying off the wife’s debts and dowry, if something remains from the deceased’s property, it shall be divided among the heirs, including the deceased’s parents, children and his wife (or their spouses).
It should be noted that the dowryThe woman is part of the inheritance that she hasThat didn’t happen. That is, after the death of the husband, the wife can receive her dowry and, according to Article 861 of the Civil Code, her share of the inheritance from the assets left by the husband.
Prepaid dowryA woman after her husband’s death
The terms of payment of the dowry may vary depending on the amount of property of the deceased:
- If the deceased did not leave an inheritance or if the value of the property left by the deceased does not cover all his debts, the person’s heirs are not responsible for paying his debts. So if the woman asks for a dowry after the death of her husband, and the deceased does not leave money of his own, or if he has little money and cannot pay the woman’s dowry with the husband’s dowry, then the person’s heirs will not be either. Responsible for paying the dowry.
- If the property left by the deceased is less than the amount of his debts, priority is given to the creditor who confiscates his property sooner after the death of the deceased. So, if Spouse’s creditors If they take action to get their property back in front of the woman, they will have priority and the woman will not be able to get her dowry. Of course, women have priority over other creditors in obtaining a dowry of up to 10,000 riyals. As for obtaining the rest of the dowry, it is considered an ordinary creditor.
- In this case again, as in the previous cases, when the property left by the husband is not responsible for all his debts, if the terms of the creditors and the wife are equal, and at the same time the wife has carried out her dowry as the creditors seek to obtain their rights by taking legal action, which is the dowry of the woman excellent religion It is considered and has priority over the claims of other creditors.
- If the deceased did not leave much property, but obtained an inheritance from his father, the wife can go to court and confiscate her husband’s share of the inheritance, in which case the court will pay the woman’s dowry by selling that property. .
- Even if there was no sexual intercourse before the death of the husband and wife Virgin Yes, can miss all pony?s He receives himself from the property left by the deceased.
How is a woman’s dowry calculated after her husband’s death?
to me Command 3 – Executive Regulations of the Law Adding a Note to Article 1082 of the Civil Code, the year of the husband’s death is an indication for calculating the dowryto be. Therefore, depending on the type of money that the woman’s dowry includes, the dowry is calculated in two ways: the first case when the woman’s dowry is cash; In this case, the dowry is calculated on the basis of the year of the husband’s death. In the second case, when the woman’s dowry is in the form of coins or other movable and immovable property, the woman can receive the original property mentioned in the marriage contract.
It should be noted that if the immovable property is part of the dowry of the woman, then she can have the same property and this property is not divided among the heirs as the property of the man. But in the general case, if the immovable property remains after the woman’s debts and dowry have been paid, then the woman does not inherit from its original value, but rather inherits from its price.
Catch the dowry by seizing the dowry of the husband
If it is given to the deceased after death, the amount of the dowry is divided among the heirs according to If the woman’s dowry was not paid before the death of her husband, the woman can pay her dowry from Husband’s dowry After the dowry is paid, if the dowry remains, he shall ask for an amount to be divided among the heirs.
Considering that the woman is considered one of the heirs, so if she wants to take her share of the inheritance from the dowry, she must refer to the enforcement unit of the court that implements the ruling. But if he wants to claim his dowry from the amount of the dowry, he must go to the Sharia court and submit a request.
Conditions for the payment of the wife’s dowry by the father
According to the above, the dowry of the wife after the death of the husband is paid only from the property left by her husband, and the heirs of the husband and his parents are not responsible for paying the dowry.
Only if it’s a womanHe may request a dowry from his wife’s father if, at the time of marriage, he had guaranteed his son the payment of the dowry and this matter was mentioned in writing in the marriage contract. It was signed by the husband and father-in-law.
In this case, if the husband’s father is financially able, he cannot refuse to pay the wife’s dowry; Because he bears legal responsibility. However, if the deceased left no assets and no guarantee of payment of the dowry from any person is recorded in the contract, the woman cannot claim her dowry from the heirs.
Legal procedures for requesting dowry after the death of the husband
To claim a dowry after the death of her husband, a woman must bring the marriage document with her, go to the registry office where the marriage was registered and submit an application for the issuance of an executive order. In accordance with paragraph “c” of Article 2 of the Regulation on the Implementation of the Provisions of the Statute in force and how to deal with complaints related to executive operations, the account clerk has the authority to issue executive orders and send them to the registry office.
After issuing the executive order, the woman must go to the Registration Execution Unit and identify the assets left by her husband and deduct her dowry from the remaining assets. Of course, the woman’s application fee, which is equal to 5% of the total dowry, must be paid by the woman to the Registration Enforcement Unit. After the wife’s claim is registered, the executive authority is notified in accordance with Articles 232 and 237 of the Customary Affairs Act for the heirs of the deceased and they are obligated to pay the wife’s claim from the deceased’s inheritance within 10 days.