Family law
Claiming mahriyeh; routes, day-rate math and practical notes
Last reviewed: 1 مرداد 1405
Mahriyeh is the wife's financial right, owned from the moment of marriage (Article 1082 of the Civil Code) — on-demand means she may claim it whenever she chooses, during the marriage or at separation.
This guide covers day-rate indexation, the two claiming routes, and the enforcement realities: insolvency, installments and the 110-coin rule.
What day-rate mahriyeh means
If the mahriyeh is cash (say, one million tomans set in 1380), paying the nominal figure would be unjust. The note to Article 1082 of the Civil Code requires cash mahriyeh to be adjusted for the annual price index.
The official formula is simple: the amount times the ratio of the index of the year before the claim to the index of the marriage year. Dadyar's mahriyeh calculator runs exactly that formula on the full Central Bank series — see the precise figure in seconds. Coin mahriyeh follows the day price of the coin.
Route one: registry enforcement
Because the marriage deed is an official document, mahriyeh is enforceable without a court: under current practice, a claim based on the official deed is first pursued through the marriage bureau and the registry enforcement office — a writ issues, and the husband's identified assets (bar the exempt essentials) are attachable.
This route is faster and cheaper when the husband has identifiable assets; if none are found within the set window, the court route opens.
Route two: the family court
A mahriyeh petition to the family court leads to judgment and then enforcement. Its advantage is its toolbox: pre-judgment attachment, adjudication of the husband's insolvency and installments, and the statutory enforcement levers.
Article 22 of the Family Protection Act draws an important line: up to 110 full bahar-azadi coins (or equivalent), collection enjoys the enforcement of Article 3 of the Financial Judgments Act (including arrest for refusal despite means); beyond that ceiling, the husband's means govern.
Insolvency, installments and enforcement realities
Many mahriyeh cases end in insolvency proceedings: the husband petitions, and if accepted, payment is split — a set advance and monthly installments. Installments are not the end: with proof his finances improved, adjustment can be sought, and each missed installment is enforceable.
A practical note: before starting, list his identifiable assets (property, vehicles, accounts, shares); enforcement inquiries move faster with precise particulars.
Claiming mahriyeh with Dadyar
- 1
Compute the day rate
Enter the marriage year and amount into Dadyar's mahriyeh calculator for the official indexed figure.
- 2
Ask about your own case
On-demand or on-means? Assets identified? Dadyar explains the fitting route, cited.
- 3
Draft the petition
The mahriyeh template produces a complete petition with statutory citations.
- 4
Consult a family lawyer
For attachment and insolvency strategy, get specialist advice from the lawyer network.
Frequently asked questions
How is on-means (indal-esteta'eh) mahriyeh different?
With an on-means clause, the claim depends on proving the husband's ability to pay, and that burden lies with the wife; on-demand has no such condition. The marriage deed's wording controls.
What if the husband has no assets at all?
With insolvency accepted, payment is installed; as his finances improve, adjustment can be sought. Mahriyeh does not die with insolvency — it is suspended.
Can mahriyeh be claimed after death?
Yes; mahriyeh is a debt. After the husband's death it is claimable from his estate, and after the wife's death the right passes to her heirs.
Which index does the day-rate math use?
The Central Bank's annual price index with the official formula (the index of the year before the claim over the index of the marriage year). Dadyar's calculator uses that official series.
Related to this guide
This guide is general, statute-grounded legal information — not legal advice for your specific situation. For important decisions, consult a licensed lawyer inside Dadyar.