Introducing Marriage Contract in Iranian Legal System According to the Latest Legal Developments

Abstract

Marriage has always been an important concept due to its association with the essential institution of family throughout history. This importance in the legal system of Islam is doubled due to its emphasis on formation of family. Given the culture of Iranian society and impact of Islam on it, marriage has always been a matter of concern for the legislature.  In this regard, the purpose of this article is to introduce marriage in the current Iranian legal system. This is a descriptive-analytic study on the basis of the sources of Islamic law such as the holy Qur’an and its relevant interpretations in order to provide the foundations for the statements and reasoning expressed in this article in the light of books and legal articles written in this field.

The most important laws governing marriage in Iranian legal system are: The Civil Code 1928, the Family Protection Act 1967 and its amendment 1975 and the Family Protection Act 2013. These laws provide for two types of permanent and temporary marriage while setting the simple conditions as to get married which are: gender difference, intention and will, capacity and puberty. Although, both men and women must reach puberty and a certain age, in some cases the marriage is permissible with the permission of the father or the paternal grandfather and at the court discretion. Marriage makes obligations to both parties inter alia the man is obliged to pay the dowry and to provide for his wife's living expenses and both parties are obliged to have good company, assistance and loyalty. In terms of legislation, there have been some changes in marriage formation and its legal effects since 1928 up now, most of which are considered as progressive developments of the relevant provisions.

Key Points for the Family Court Community:

• Marriage in Iran is culturally, religiously and socially important.
• Most people in Iran are Muslim and Shiite, so marriage rules in Iran have always been in line with Islamic rules. In Iran, non-Muslims marry in accordance with the rules of their religion.
• After the revolution, some rules on marriage have changed, but these have not been fundamental. Most of these changes have been made to protect the rights of women and children.