Bodelning eller mahr? En jämförelse mellan svenska och syriska ekonomiska rättsverkningar under äktenskap och vid äktenskapsupplösning : En jämförelse mellan svenska och syriska ekonomiska rättsverkningar under äktenskap och vid äktenskapsupplösning

Sammanfattning

The dower (mahr) and division of marital property are significant instruments for achieving a balance between the rights and obligations of spouses to ensure justice within the framework of the legal institution of marriage. According to Swedish family law, marital property is divided between spouses through the principle of equal division during marriage, in case of divorce or a spouse’s death. This serves various purposes, including the protection of the weaker party, regardless of gender. In comparison with Syrian family law, the main objective of mahr is to provide financial and legal protection to the Muslim wife during marriage, in case of divorce, dissolution of marriage and a spouse’s death. It's not uncommon for disputes to arise over mahr in Swedish courts, given that Sweden is a multicultural and multireligious society and has been a country of immigration for a long time. Mahr is a very foreign Islamic legal institution to the Swedish legal system. In recent years, the classification of mahr has been discussed several times in Swedish courts. This thesis analyzes the differences and similarities between mahr and division of marital property according to the Syrian and Swedish respective legal systems, with the help of a combination of comparative method and legal dogmatic method. Subsequently, a comparison is made between the Muslim mahr and other Swedish legal institutions. Thereafter, the consequences of whether such a mahr agreement is considered legally valid or not are discussed. The purpose of this thesis is, among other things, to identify the challenges that the Swedish legal system may face when it comes to handling a mahr contract in connection with the division of marital property according to Swedish law. The conclusion reached is that the application of secular law to religious legal institution like mahr may be considered inappropriate. Additionally, the thesis finds that the legal situation is unclear.