Ahmad Kairouz

Researchers

Post Graduate Studies & Research Council Meeting No. 7, 14/8/2023

Date of Acceptance

The basis in the payment of debts is to be equal to the original quantity (amount) and description in which the debt has been fixed. It is not binding to the debtor to increase the amount of debt fixed in his conscience. However, the fixed debts in contemporary currency which witness a great decline in its value, such as the cases of economical inflation where the value of the debt at the day of fulfilment is far less than its true value at the day it was fixed in the conscience. Consequently, if the debtor fulfils his debt with the same amount without any increase, the creditor will be harmed by the detriment resulting from the decline in currency value. The amount of his detriment will increase as long as this currency continues to decline.

Normally, the woman’s dowry is considered a debt where they agree on postponing the fulfilment of part of it or even postponing it entirely. The duration of this debt takes many years and the value of the currency might decline drastically from its original value.

If the husband fulfils the delayed dowry at the time of fulfilment paying the original amount fixed at the time of making the contract, the wife’s right in her delayed dowry will be lost due to the economical inflation.

This research will study the rule of adjusting the due amount from the women’s delayed dowry in case of economical inflation in the scale of Islamic Jurisprudence comparing it to the opinion of Syrian Legislator.

First, I will expose the viewpoints of the jurists of the four doctrines concerning adjusting debts in cases of the change in the value of money. Then, I will move to illustrate the views of contemporary jurists and their evidence in this issue. After that, I will expose what the Syrian law says about the issue of adjusting dowries in cases of economical inflation in addition to discussing it.

Abstract