Family Law
Iranian Family Law constitutes of the rules in Civil Law and Iran’s Family Protection Law which amended on 19th February 2013. Also, there are some other issues regarding Family Law based on the daily needs of the community which has specific laws such as the “Law on the Protection of Children and Adolescents without Family or with Bad family” (the “Adoption Law”) that ratified on 2013.
What are the definition of Marriage and its results in Iran Family Law ?
Family Law – Iranian Family Law
Based on the regulation of Iranian Law, there two kinds of marriage which are different from each other in relation to the results: Permanent Marriage and Temporal Marriage. As it is clear by the names, the permanent marriage would be endless unless by divorce or termination in some ways.
What would be the results in case of termination?
Regarding the results of the above mentioned types, it is necessary to distinguish the reason for termination to divorce and death.
Divorce
In the case of Permanent Marriage
When the request of divorce raised by the man, he is obliged to pay Mahrie as the absolute financial right of the woman if the woman didn’t receive or donate it before.
Furthermore, the man is obliged to pay the amounts for the activities of the woman which were not based on Sharia take into account as her responsibilities that name Ojratolmesl. Since a woman doesn’t have any responsibility in her husband’s house such as cooking, washing, etc. In addition the woman deserves to receive her postponed Nafagh that is the amount which the man obliges to pay regarding the usual and daily costs of the life of his wife.
In the case of Temporal Marriage
The divorce and separation, in this case, is not the same as the legal definition based on the law. In temporal marriage through the expiration of the time of marriage, couples would separate from each other. Therefore it doesn’t need to submit the request to the court after expiration. But if the man is interested to terminate the marriage, he is allowed to discard from the remained time.
In this type of marriage which is rare these days but still exists, man is obliged to deliver the Mahrie as well as Permanent Marriage. But in this type of marriage in contradiction to the above-discussed type, the woman doesn’t enjoy receiving Nafaghe unless they agreed on it at the time of marriage.
Death
In case of permanent marriage
The woman would be considered as one of the heirs of the deceased and she will enjoy 1/8 of the man’s properties. In this case, the woman may enjoy from Mahrie and Ojratolmesl as well that will pay from the property of the man.
In the case of temporal marriage
The woman will enjoy from Mahrie from the deceased’s property as well but bear in mind that in such marriage the woman would not be considered as one of the heirs of the man.
Click on the link below to read more:
Comments
Post a Comment