Friday, January 23, 2015

THE LAW OF MARRIAGE IN IRAN

BY
PROFESSOR GABRIEL SAWMA

MARRIAGE LAW IN IRAN BEFORE THE ISLAMIC REVOLUTION
The Family Law in Iran was codified in 1928 and 1935 as part of the Iranian Civil Code. The law set a legal age requirement for marriage, prohibiting the marriage of girls under 13 and requiring court permission for the marriage of those under 15. In 1931, a separate legislation, known as the Marriage Law (qanun-I izdivaj) was enacted; it made marriage subject to state provisions and required the registration of all marriages and divorces in civil registrars. The law of 1931 expanded the grounds on which women could initiate divorce proceedings and required such actions to be brought before civil courts rather than Islamic sharia courts.
In 1967, the Family Protection Law (qanun-I himaya-I khanivada) was enacted. This law was considered a departure from the traditional Islamic sharia. It abolished the husband’s rights to extra-judicial divorce and polygamy, and increased the age of marriage to 15 for females and 18 for males. The law established special religious tribunals, headed by judges trained in modern jurisprudence. The Family Protection Law was criticized by Muslim clergy, calling it un-Islamic, and was regarded in violation of Islamic shri’a principles.
In 1975, the Family Protection Law was replaced by another law carrying the same title. The new law increased the minimum age of marriage from 15 to 18 for females and from 18 to 20 for males, and provided the courts with discretionary power to decide cases involving child custody, disregarding Islamic sharia provisions. The 1975 law constrained the unilateral power over divorce which was the husband’s under classical Islamic law. Instead, the new Family Protection Law said no divorce was final until approved by a judge. The new law added maltreatment and addiction as a cause for divorce by women. Furthermore, the husband could not register a second marriage without the approval of the first wife, thus limiting men’s rights to polygamous marriages.

MARRIAGE LAW AFTER THE ISLAMIC REVOLUTION OF 1979
Following the Iranian revolution of 1979 under Ayatollah Khomeini (1902-1989), the Family Protection Law was annulled and replaced by the Special Civil Court Act. The new law was entirely enacted in compliance with the Shiite law of Ithnai Ashar (Twelvers), the courts are empowered to deal with a whole range of family issues, including divorce. Khomeini ordered the replacement of all lay judges with clerics who would implement Islamic Shari’a. Judges were left to decide on their own how to apply the broad principles of Shari’a to particular cases.
The situation continued until 1989 when the Divorce Reform Law of was enacted to be applied on Islamic marriage and divorce. That law was amended in 1992 resulting in the creation of a new family code that went further than the 1975 Family Protection Law in protecting women with respect to divorce and custody rights. The 1992 law was amended further in 1993 and 1996 in favor of women. And, by the time Mohammad Khatami was elected President of Iran in May 1997, the law of marriage and divorce was not only equal to the Family Protection Law of 1975 in terms of its provisions for protecting women, but in some cases it exceeded it.

THE CURRENT LAW OF MARRIAGE IN IRAN
Like any other contract, Islamic marriage creates rights and obligations between the contracting parties. It requires an offer and acceptance to marry. The contract includes a provision for the mahr (mehriyya).  All marriages, temporary or permanent  mus be registered. The new law of marriage and divorce is embedded in the Civil Code of the Islamic Republic of Iran. Article 1103 of the  Code states that “husband and wife are bound to establish friendly relations.” Article 1104 says “husband and wife must cooperate with each other for the welfare of their family and the education of their children,” but according to Article 1105, “the position of the head of the family is the exclusive right of the husband.” Article 1104 provides that each party is entitled to inheritance. Article 1085 provides that the wife has right to refuse cohabitation prior to receiving her mehriyya as stipulated in the contract. She has the right to be maintained by her husband (Article 1106); and  to control and dispose of her own wealth (Article 1118).
Article 1041, which formerly set a minimum age for marriage at thirteen for females and fifteen for males, was amended in 1982 to prohibit marriages prior to the age ‘majority’, which is nine for girls and fifteen for boys. Article 1041 in the new Civil Code states that: “Marriage before the age of majority is prohibited.” This article is a serious step backwards for the women in Iran because young girls at the age of nine are generally forced into marriage by their guardians. The marriage law of 1931, (before the Islamic Revolution), made it illegal and punishable by six months to two years imprisonment to marry a girl under the age of thirteen (Article 3 of the Marriage of 1931).
The New Civil Code recognized a ‘Temporary Marriage’ (Sigheh) as a valid marriage. This type of marriage allows a married man to have sex with another woman by temporary marriage contract. The previous Marriage Law of 1931 was silent as to the legality of this temporary marriages.
According to Article 1169 of the Civil Code, custody of children remains with the other after the divorce until the girl reaches age of seven and custody of the son only until the age of two. But the mother loses her custody if she remarries (Article 1170), in which case the child is then raised by the parental grandfather of the child (Article 1180).
During the Iran-Iraq War, many husbands died in the battles. Mothers of martyrs have the right to receive their deceased husband’s salary and to keep the children in the mother’s custody.
In 1982, the Majlis (Parliament) added new stipulations to the marriage contract entitling the wife to claim half the wealth acquired by her husband during the marriage (provided she does not initiate the divorce), and enabling her to seek a judicial divorce without the consent of her husband.
Article 1130 of the Civil Code was amended in 1982 to give judges the authority to grant or withhold divorces requested by women. Article 1130 was again re-amended in 2002 to empower judges to issue divorce when women can establish that the continuation of the marriage would cause intolerable suffering or hardship.

DISCLAIMER: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific or legal advice on the information provided and related topics, please contact the author.
Gabriel Sawma is a lawyer with Middle East background, and a recognized authority on Islamic law of marriage, divorce and custody of children, Hindu marital disputes in U.S. courts, and Iran divorce in USA.
Professor of Middle East Constitutional Law and Islamic law; Expert Consultant on Islamic divorce in US Courts and Canada. Expert Consultant on Hindu divorce in U.S. courts and Iranian divorce in USA.
Admitted to the Lebanese Bar Association; former Associate Member of the New York State Bar Association and the American Bar Association.
Prof. Sawma lectured at the American Academy of Matrimonial Lawyers (AAML) in New York State and wrote many affidavits to immigration authorities, Federal Courts, and family State Courts in connection with recognition of Islamic foreign divorces in the U.S., Hindu divorces, and Iranian marital conflicts.
Taught Islamic Finance for MBA program at the University of Liverpool, United Kingdom.
Travelled numerous times to Saudi Arabia, Kuwait, Bahrain, Qatar and the Arabian Gulf States, Jordan, Syria, Palestine, and wrote extensively on Islamic and Hindu divorces, custody of children in USA and abroad, and abduction of children to Muslim countries.
Speaks, reads and writes several languages including Arabic, English, French and others
Interviewed by:
Contact Information:
Tel. (609) 915-2237

For more information on the law of marriage, divorce, and custody of children in Iran, please visit our websites at the following links:
For more information about the author, please see Curriculum Vitae at this link:

9 comments:

Unknown said...

Well, it’s a nice one, I have been looking for. Thanks for sharing such informative stuff.Michael H. White

Luella said...

Hi, I have a question regarding a civil marriage contract. Is such a thing possible in Iran, in which a marriage without religious aspects to the contract may be made, whether or not it is legally recognized by the Iran Republic? In my case, I am an Australian citizen wanting to marry an Iranian national prior to his emigrating to Australia. We need a marriage that will keep me as an Australian citizen only, with our marriage recognized in Australia.
Thanks
Luella

Madonaldo said...

Don’t think of anything else just contact Dr Abalaka and purchase some of his herbal medication and your depression will go away. This was my state of mind when my doctor told me that i will not be able to conceive due to the Fibroid that was rolling in my family life and when i decide to reach out to the priest, and the Priest told me what to do in other to get the medication. Eventually I receive all the Herbal medications that cure my Fibroid and give me the chance to become a proud mother: Dr Abalaka is a great spiritualist, He did it for me, you can contact Dr on (dr.abalaka@outlook.com). If you are suffering from the following gynecology disease::
Fibroid
High Blood Pressure (herbs to reduce your BP within 7days)
Diabetes
Infection, regular body pains
Blockage from the fallopian Tube
Cyst from the ovaries
Unpleasant smell from the virginal
Irregular menstruation
Weakness of the penis (not able to have sex with your partner or inability to satisfy your partner sexually)
Watering sperm (low sperm count) not able to get woman pregnant.
Infertility for easy Conception.......
Erectile dysfunction treatment
Skin diseases, Toilet infection and bad body odor…….Etc..
Get your ex back
Happiness in relationship
Command respect in the society
Enlarge your Penis/breast with no side effect
Impotent solution
Obesity solution
Romanticism solutions
Cancer of the blood
Epilepsy
Parkinson disease
General consultation
Those are the things he does, You can simply contact the spiritualist Dr Abalaka on (dr.abalaka@outlook.com) to get his Herbal Medication to cure your disease and put yourself on a motherhood side of life..

Rita said...

as searching for help on the internet to get my ex lover whom will got divorced back, i came across this wonderful man called DR.ODOGBO of ODOGBO TEMPLE who did a nice job by helping me to get my divorced husband back within 48hours.. I never believe that such things like this can be possible but now i am a living testimony to it because ODOGBO TEMPLE actually brought my lover back, If you are having any relationship problems why not contact DR.ODOGBO TEMPLE via email on: (DRODOGBO34@GMAIL.COM ) OR WhatsApp him on +1443 281 3404 Then i promise you that after 48hours you will have reasons to celebrate like me.

Anneke Sergio said...

HOW I GOT CURED OF HERPES VIRUS.

Hello everyone out there, i am here to give my testimony about a herbalist called dr imoloa. i was infected with herpes simplex virus 2 in 2013, i went to many hospitals for cure but there was no solution, so i was thinking on how i can get a solution out so that my body can be okay. one day i was in the pool side browsing and thinking of where i can get a solution. i go through many website were i saw so many testimonies about dr imoloa on how he cured them. i did not believe but i decided to give him a try, i contacted him and he prepared the herpes for me which i received through DHL courier service. i took it for two weeks after then he instructed me to go for check up, after the test i was confirmed herpes negative. am so free and happy. so, if you have problem or you are infected with any disease kindly contact him on email drimolaherbalmademedicine@gmail.com. or / whatssapp --+2347081986098.
This testimony serve as an expression of my gratitude. he also have
herbal cure for, FEVER, DIARRHOEA, MOUTH ULCER, MOUTH CANCER FATIGUE, MUSCLE ACHES, LUPUS, SKIN CANCER, PENILE CANCER, BREAST CANCER, PANCREATIC CANCER, CHRONIC KIDNEY DISEASE, VAGINAL CANCER, CERVICAL CANCER, DISEASE, JOINT PAIN, POLIO DISEASE, PARKINSON'S DISEASE, ALZHEIMER'S DISEASE, INFLAMMATORY JOINT DISEASE CYSTIC FIBROSIS, SCHIZOPHRENIA, CORNEAL ULCER, EPILEPSY, FETAL ALCOHOL SPECTRUM, LICHEN PLANUS, COLD SORE, SHINGLES, CANCER, HEPATITIS A, B. DIABETES 1/2, HIV/AIDS, CHRONIC PANCERATIC, CHLAMYDIA, ZIKA VIRUS, EMPHYSEMA, LOW SPERM COUNT, ENZYMA, DRY COUGH, ARTHRITIS, LEUKAEMIA, LYME DISEASE, ASTHMA, IMPOTENCE, BARENESS/INFERTILITY, WEAK ERECTION, PENIS ENLARGEMENT. AND SO ON.

jane good said...

Hello i am here to spread this good news to the entire world on how i got my ex love back.I was going crazy when my love left me for another girl last month,But when i meet a friend that introduce me to DR IROSI the great messenger to the oracle that he serve,I narrated my problem to DR IROSI about how my ex love left me and also how i needed to get a job in a very big company.He only said to me that i have come to the right place were i will be getting my heart desire without any side effect.He told me what i need to do,After it was been done,In the next 2 days,My love called me on the phone and was saying sorry for living me before now and also in the next one week after my love called me to be pleading for forgiveness,I was called for interview in my desired company were i needed to work as the managing director..I am so happy and overwhelmed that i have to tell this to the entire world to contact DR IROSI at the following email address DRIROSISOLUTIONCENTER@GMAIL.COM and get all your problem solve..No problem is too big for him to solve..Contact him direct on DRIROSISOLUTIONCENTER@GMAIL.COM or call his mobile number or add him up on whatsapp via (+2348118829771). and get your problems solve like me.    

Anonymous said...

Roku device is the best service in the USA, Do you have an issue with your Roku Device? Get instant solution and support by Roku Helpline Number. We are dealing with a wide range of Roku streaming players and provide a complete solution for Roku devices.call +1-855-879-1273 visit here https://roku-helpnumber.com/
https://roku-helpnumber.com/roku-customer-service-number/
Roku Help Number
Roku Customer Service Number
Roku Technical Support Number

Jobi Johnson said...

Such an interesting article here. I was searching for something like that for quite a long time and at last I have found it here. Top Gun Jacket

John Albert said...

Your web developer is doing great work. The website is user-friendly and classy. Christmas Collection