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

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.

 

What is the new regulation regarding 110 gold coins as Mahrie?

Based on the new regulation in this regard, if a man would be able to pay 110 gold coins as Mahrie by cash, he wouldn’t go to the jail for the remained amount which means that if he is unable to pay 110 gold coins by cash, he will go to the jail not only for the remained amount but also for 110 gold coins.

 

Is there any provision or law regarding the recognition of a single parent in Iran?

Based on the “Adoption Law”, in addition to the possibility on the adoption by a family, by considering some general elements single women has more than 30 years old would be able to adopt a female child who is more than 2 years old.

Although based on the Iranian Law and Sharia, the adopted child wouldn’t enjoy from any property and wouldn’t be considered as one of the heirs in heritage matter but the single mother is obliged to opening a file regarding the life insurance for the adopted child as well as the official transfer of the immovable property to the adopted child.

 

Is there any regulation regarding the protection of children pursuant to the death of the parents?

Death of one of the parents

Based on the Iranian Civil Code, in the case of the death of the parents, the lived parent should be obliged regarding child custody. Even when the deceased parent was the man and the court appointed a guardian (Ghayyem) for the child.

Death of parents

As the Iranian Civil Code is silent in this regard, in accordance with the regulations, in the case that parents died, the guardian (Ghayyem) who is the child’s grandfather from father’s side will enjoy the priority to the child custody, if he was not alive as well, the executor (Vasi) should be obliged to do so. If there were no appointed executor by the father or the guardian, the appointed executor by the court should be obliged regarding child custody.

 

Is abortion permitted under Iranian Law?

In general, abortion under Iranian legal system is against the law, but in the case of confirming by three specialist doctors as well as the forensic medicine regarding the disability of the fetal which may cause mother suffering and before 4 months, it should be considered as legal abortion through the consent of the mother.

 

The Family Law in Iran also divides to the below topics

  • Adoption, fostering, orphan care and displacement
  • Child Abandonment
  • Marriage
  • Divorce
  • Annulment of Marriage
  • Child Custody
  • Child Support
  • Single Parent
  • Alimony
  • Fetal Rights
  • Filiation
  • Sealed Birth Records
  • Abortion
  • Heritage