Family Law in Iran
Iran's family law is deeply influenced by Islamic principles and has undergone significant changes, particularly in the 20th century. The Family Protection Laws of the 1960s and 1970s introduced reforms that improved women's rights in marriage, divorce, and child custody. However, these laws were repealed after the 1979 Islamic Revolution, leading to a legal framework that emphasizes traditional Islamic practices.
Marriage
Legal Age: Before the 1979 revolution, the Family Protection Law of 1975 set the minimum marriage age at 18 for women and 20 for men. Post-revolution, the legal age for marriage reverted to the onset of puberty, as defined by Islamic law.
Marriage Contract: Marriages are formalized through a contract (Nikah), which outlines the rights and responsibilities of both parties. A unique feature is the "Mehrieh" (dowry), a sum of money or assets the husband promises to pay the wife, which serves as a form of financial security.
Divorce
Initiation: Traditionally, divorce (Talaq) was the husband's prerogative. However, reforms in the 1960s and 1970s allowed women to initiate divorce under specific circumstances, such as mistreatment or failure to provide financial support. These reforms were largely reversed after the revolution.
Process: Divorce requires a formal process, often involving court proceedings to address issues like child custody and financial settlements. The husband can divorce his wife by pronouncing "Talaq" in Arabic, followed by a waiting period (Iddah) during which reconciliation is encouraged.
Child Custody
Pre-Revolution: The Family Protection Law of 1967 removed the automatic custody right of fathers, permitting courts to determine the child's best interests, often favoring mothers, especially for younger children.
Post-Revolution: Custody laws reverted to traditional interpretations, generally granting custody to mothers for younger children, with fathers retaining guardianship rights. However, the father has the right to determine the child's place of residence and can prevent the mother from taking certain jobs deemed against "family values."
Polygamy
Regulations: Before the 1979 revolution, polygamy was legal but restricted under the Family Protection Law, requiring court approval and the consent of the first wife. Post-revolution, polygamy remains legal, with the husband obligated to treat all wives equitably.
Women's Rights
Citizenship: For decades, Iranian women could not pass their nationality to foreign-born spouses or their children. In 2019, parliament passed a law allowing women married to foreign men to request Iranian citizenship for children under age 18.
Travel: A married woman could not obtain a passport or travel outside Iran without her husband's written permission. This restriction has been a subject of debate and calls for reform.
It's important to note that while legal frameworks provide the structure, cultural practices and individual circumstances can significantly influence the application and experience of these laws. For personalized advice or legal matters, consulting a legal professional familiar with Iranian family law is recommended.
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