Legal and Jurisprudential Aspects of "Shabash Tradition’s" as Financing Marriage

Document Type : Original Article

Authors

1 Legal Adviser and Ph.D. in Private Law

2 Ph.D. in Jurisprudence and Islamic Law - Judge of the Public and Revolutionary Court

Abstract

utilization of obligation laws under cultural and social support has an advantage that the rules to be implemented easily and be valuable. Furthermore, lack of explicit laws and regulations on some issues pave the way to boost the role of customs and ethical standards. The "Shabash" tradition (in some Iran’s provinces) is recognized as a custom that has legal aspects along with economic motivations. It deserves to be considered and noticed. In spite of similarities with borrowing and donation, Shabash is different from both aforesaid procedures. Shabash differences lead to different rights regard to payer and receiver in case of donation and browning and it will have a unique implementation conditions. This article, either is attempting to analyze the nature and legal status of Shabash or introducing legal and economic capabilities along with explaining Shabash’s features, and its role to facilitate the marriage. Shabash is a kind of financial support by relatives and close friends for couples who starts their new life after marriage, beside the benevolent motivates. Despite unique features of Shabash, its nature and effect is defensible both under the article 10 of civil code (in Iran) and as a donation (as a definite contract). Therefore, based on the payers’ will can fall within the category of donation with consideration or donation without consideration.

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