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Marriage in Iran: Women Caught Between Shi’i and State Law


Rahbari, Ladan (2019). Marriage in Iran: Women Caught Between Shi’i and State Law. Electronic Journal of Islamic and Middle Eastern Law (EJIMEL), 7:37-48.

Abstract

This study investigates juristic Shi’i guidelines as well as philosophical and legal perspectives on marriage in the Iranian contemporary context where specific interpretations of Twelver Shi’a are encoded in civil law. The study discusses three important factors that contribute to the legal and juristic complexity of Shi’i marriage: (i) length of marriage, including discussions on permanent and temporary marriage; (ii) registration of marriage and the problem of unregistered marriages; and (iii) age of marriage and the issue of child marriage. All three factors have been significantly present in the social, public and political debates on marriage and reproduction as well as in women’s and children’s rights movements in Iran. I outline some of the potential social implications and harmful effects of the existing problematic discourses of temporary, child and unregistered marriages. After discussing the three factors and the diversity of marriage practices, the study contextualizes the existing diversities within the broader Shi’i political and religious discourses.

Abstract

This study investigates juristic Shi’i guidelines as well as philosophical and legal perspectives on marriage in the Iranian contemporary context where specific interpretations of Twelver Shi’a are encoded in civil law. The study discusses three important factors that contribute to the legal and juristic complexity of Shi’i marriage: (i) length of marriage, including discussions on permanent and temporary marriage; (ii) registration of marriage and the problem of unregistered marriages; and (iii) age of marriage and the issue of child marriage. All three factors have been significantly present in the social, public and political debates on marriage and reproduction as well as in women’s and children’s rights movements in Iran. I outline some of the potential social implications and harmful effects of the existing problematic discourses of temporary, child and unregistered marriages. After discussing the three factors and the diversity of marriage practices, the study contextualizes the existing diversities within the broader Shi’i political and religious discourses.

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:Journals > Electronic Journal of Islamic and Middle Eastern Law (EJIMEL) > Archive > 7/2019
Journals > Electronic Journal of Islamic and Middle Eastern Law (EJIMEL) > Archive > 7/2019 > Articles
Dewey Decimal Classification:340 Law
Language:English
Date:2019
Deposited On:18 Sep 2019 13:47
Last Modified:25 Sep 2019 00:46
Publisher:Center for Islamic and Middle Eastern Legal Studies (CIMELS), University of Zurich
ISSN:1664-5707
OA Status:Gold
Free access at:Publisher DOI. An embargo period may apply.
Official URL:https://www.ejimel.uzh.ch

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