Mahr (Dowry) Claims in Iran: Demand and Recovery

Under Article 1082 of Iran’s Civil Code, the wife owns the mahr as soon as the marriage contract is concluded. If the marriage certificate states the mahr is payable “on demand” (ʿindal-motalebeh), she may claim it at any time—during the marriage, at divorce or afterwards—without giving a reason. If it is payable “upon ability” (ʿindal-estetaʿeh), she must prove the husband can pay.

The certificate should be read carefully first: the form of mahr (cash, gold coins, property or another asset), the payment condition and any part already paid or waived. If divorce occurs before consummation, the wife is generally entitled to half of the mahr.

Because an official marriage certificate is an enforceable document, the wife can apply directly to the registry enforcement office for an enforcement order. This is usually faster and cheaper, and identified assets and accounts can be seized. Registry enforcement cannot lead to the debtor’s detention, however, and stalls when no assets are found.

A claim before the family court allows asset-preservation orders, asset enquiries, a travel ban and—within legal limits—detention for non-payment. Under Article 22 of the Family Protection Act (2013), for any amount above 110 gold coins only identified assets can be pursued and detention does not apply to the excess.

A husband who cannot pay in full may file an insolvency claim and ask for instalments. The court reviews his assets, income and witness evidence before setting a down payment and monthly instalments; while instalments are paid, he cannot be detained.

Cash mahr is adjusted to the Central Bank’s annual price index from the year of marriage to the year of payment (Article 1082, note), unless the parties agreed otherwise. Mahr set in gold coins is not index-linked because its value already follows the market.