Thesis:

Investigating the wife's right to imprison her in dowry upon demand and upon request, with an emphasis on judicial procedure

The right of imprisoning the wife is one of the important legal tools to ensure the right of the wife in dowry, which is rooted in Imamiyyah jurisprudence and the related laws of Iran. According to Article 1085 of the Civil Code, the wife can refuse to obey before receiving the dowry. However, in recent years, with the emergence of two types of dowry, on demand and on demand, new challenges have arisen in the field of enforcement of the right of arrest. In dowry on demand, the wife can demand the dowry immediately, while in dowry on demand, the payment of dowry depends on the financial ability of the couple. This distinction has created many questions regarding the possibility and conditions of applying lien in each of these types of dowry. The necessity of this research comes from the fact that due to social, economic changes and judicial procedures, the application of the right of imprisonment has faced complications. On the one hand, couples' lack of knowledge about the legal details of dowry and custody has led to an increase in lawsuits, and on the other hand, the lack of a uniform judicial procedure has fueled confusion in the interpretation and implementation of this right. Emphasizing the judicial procedure and analyzing the issued opinions, this research seeks to answer the question of whether the right of imprisoning the wife in dowry upon demand faces any limitations or not and what are the differences with dowry upon demand. In this research, firstly, the concept and theoretical foundations The right of imprisonment and dowry are analyzed. Then, by examining judicial decisions and court procedures, legal and judicial challenges in exercising this right will be identified and criticized. . At the end, suggestions are made to amend laws and judicial procedures so that the rights of husband and wife are respected in a balanced way.

Keywords: wife's custody, dowry on demand, dowry on demand, judicial procedure, family law, Iranian civil law