The Status of the Wife's Dowry after the Dissolution of Marriage in Afghan Law

Dowry, as one of the financial effects of marriage, has always been of interest in legal systems based on the Islamic legal system. The legislator has foreseen provisions regarding this right of the wife, in addition to the duration of the marital relationship, at the time of its dissolution. Since the dissolution of the marital relationship may take place in various ways such as divorce, annulment or death, therefore, its effect on the status of the dowry will also vary depending on the case. This research, using a descriptive-analytical method and relying on the Civil Code and the Personal Status Code, has examined the status of the wife's dowry after the dissolution of the marriage. The research findings indicate that the determination or non-determination of the dowry at the time of marriage, the occurrence or non-occurrence of sexual intercourse between the spouses, and the type of dissolution of the marriage (divorce, annulment, and death) are key factors that play an effective role in the entitlement or loss of all or part of the wife's dowry. The purpose of the research is to determine the legal status after the dissolution of the marriage in Afghan law.