August 2013

Refugee Documentation Centre

Country Marriage Pack

Iran Disclaimer

Country Marriage Packs (CMPs) are prepared by researching publicly accessible information currently available to the Refugee Documentation Centre within time constraints. CMPs contain a selection of representative links to and excerpts from sources under a number of categories for use as Country of Origin Information. Please note that CMPs are not, and do not purport to be, exhaustive with regard to conditions in the countries surveyed or conclusive as to the merit of any particular claim to refugee status or protection.

1. Types of Marriage

Civil Marriage

See below

Religious Marriage

The Civil Code of the Islamic Republic of Iran notes:

“Article 6 - The laws relating to personal status, such as marriage, divorce, capacity and inheritance, shall he observed by all Iranian subjects, even if resident abroad.

Article 7 - Foreign nationals resident territory shall within the limits laid down by treaties, be bound by the laws and decrees of the Government to which they are subject in questions relating to their personal status and capacity and similarly in questions relating to rights of inheritance.” (Islamic Republic of Iran (23 May 1928) Civil Code of the Islamic Republic of Iran)

CHAPTER 6 - ON TEMPORYY MARRIAGE states:

“Article 1075 - Marriage is called temporary when it is for a limited period of time.

Article 1076 - The duration of the temporary marriage must be definitely determined.

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Article I077 - In the case of temporary marriage, provisions concerning inheritance of the wife and her dowry are the same as fixed in the Chapter on inheritance’ and in the following Chapter.” (Ibid)

Article 97 of the Shiite Personal Status Law notes:

“The marriage contract of a Muslim man with a woman who is not a follower of a holy book [the four books recognized as holy in Islam are Quran, Bible, Toara, Zaboor] is invalid. The marriage contract of a Muslim woman with a non-Muslim man is invalid. If a non-Muslim husband and his non-Muslim wife convert to Islam at the same time, their original marriage is valid and shall continue.” (USAID (April 2009) SHIITE PERSONAL STATUS LAW)

Article 136 Temporary Marriage notes:

“(1). Nekah-e-Mata’ is a marragie contract in which a man considering the conditions set forth in this law, marries a woman on a non-permanent basis. (2). The requirements of temporary marriage includes competency, valid conditions [of contract], addendums, and conditions relating to family relationship [non-blood related], it also includes obstacles in the validity of a permenant marriage contract. (3). Lack of determination of Mahr in temporary marraige contract voids the contract. (4). If the temporary marriage contract does not specify a term limit, it [temporary marriage contract] shall be changed to a permanent marriage contract. (5). The duration of a temporary marriage shall begin upon execution of the contract unless the parties agree to a different start date.” (Ibid)

The UK Foreign and Commonwealth Office notes under the heading ‘Women’s rights’:

“A number of worrying practices remained common in Iran, including forced marriages, temporary marriages, and the legal right of a husband to polygamy without his wife’s consent – or even knowledge.” (UK Foreign and Common Wealth Office (31 March 2011) Human Rights and Democracy: The 2010 Foreign & Commonwealth Office Report - Section VII: Human Rights in Countries of Concern)

A response to an information request published in 2001 by the Immigration and Refugee Board of Canada states:

“There are two types of marriage that are legal under civil law in Iran. The first type is marriage between two Muslims. In this case, a Muslim man may choose to marry a woman who is not Muslim, but who belongs to one of the "Divine religions" (Christianity, Judaism or Zoroastrianism). The non-Muslim woman must convert to Islam, and a certificate of proof is required at the time of registration.

The second type of marriage is referred to as a provisional, or fixed-time marriage. In this instance a Muslim man may marry a non-Muslim woman belonging to one of the "Divine religions" without her having to convert to Islam. The duration of the marriage is "fixed," referring to the length of time

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agreed upon by both parties at the time of marriage. This type of marriage is also performed between two Muslims.” (Immigration and Refugee Board of Canada (1 October 2001) Information on why the Iranian Embassy in Canada requires "an original certificate proving that the non-Muslim woman has converted to Islam" when registering the marriage between an Iranian man and a foreign woman, in light of a 2000 circular issued by the Registration Department in Iran that abolished questions of religion on application to register a marriage)

Another response to an information request from the Immigration and Refugee Board of Canada published in 1996 states:

“Proxy marriages do exist in Iran, in fact they have become more common in the last ten years as expatriate Iranian men, who may face difficulties returning to Iran, seek Iranian wives. The ceremony can be conducted without the bride, or the groom, or, in some cases, both bride and groom may be absent. Usually it is the father of the absent party who signs the marriage contract. The marriage is officially registered in a government department by the marriage officer who performed the ceremony. This officer is usually, although not necessarily, a Mullah. The groom normally obtains a copy of the marriage contract, and, if requested the bride will also be given a copy.” (Immigration and Refugee Board of Canada (1 July 1996) Iran: Information on whether proxy marriages exist in Iran, and if so, on the procedures, steps and details of a proxy marriage)

The Social Institutions and Gender Index 2012 report on Iran notes:

“Polygamy is legal, following provisions in Shi‘a interpretations of the Sharia that allow Muslim men to take up to four wives. It is unclear whether there are any conditions that a man must fulfil before taking another wife. However, according to a recent report published by Freedom House, the number of polygamous marriages is very low. Under the Family Code, men also have the right to engage in sexual relationships outside of marriage within ‘sigheh’ (temporary) marriages, while for women, adultery is a criminal offence that can result in the death penalty.” (Social Institutions and Gender Index (2012) Islamic Republic of Iran)

Traditional/Other Marriage

See Above

2. Formalities of Marriage (Consent, Minimum Age and Registration of Marriage)

The Civil Code of the Islamic Republic of Iran notes:

A. “Article 970 - Foreign diplomatic or consular officers in Iran can carry out marriage formalities only in cases where the parties to the marriage are both nationals of their country and also where the laws of that country allow them to nationals of their country and also where the laws of that country allow them to do so. The marriage must in any case be registered at the Civil Status Office.” (Islamic Republic of Iran (23 May 1928) Civil Code of the Islamic Republic of Iran)

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In BOOK 4 - Documents of Identity (sijill) it states:

“Article 992 - The document of identity of every person will be established by record in books designated for this purpose.

Article 993 - The following events must be notified to the Census Office during the proper period and in the way stipulated by special laws and regulations

1 - All births and all abortions which may occur after the 6th month from the date of conception. 2- Marriages, whether permanent or temporary. 3 - Divorces, whether permanent or revocable or divorce by way of waiving the remainder of the period of a temporary marriage.” (Ibid)

In BOOK 7 - On Marriage and Divorce CHAPTER 1 ON MARRIAGE SECTION 1 - On Asking for the Hand in Marriage:

“Article 1034 - It is lawful to ask for the hand of a woman to whose marriage there is no obstacle.

Article 1035 - A promise of marriage does not create the matrimonial relation even though the whole or some of the dowry fixed for payment at the time of marriage between the two parties may have been paid. Either the man or the woman, therefore, can, so long as the ceremonial act of marriage has not been pronounced, refuse the marriage and the other party cannot oblige her or him to contract the marriage or claim compensation for losses merely owing to the refusal.

Article 1036 - Repealed on 29 December 1982.

Article 1037 - Every one of the betrothed parties can, if the proposed marriage is cancelled, claim the restitution of the presents given to the other party or to the parents for the marriage in question. If the presents do not exist in original, the claimant is entitled to ask for their value of the presents which are ordinarily preserved unless the same presents have been destroyed without any fault of the party who was in their possession.

Article 1038 - The stipulation of the foregoing Article does not apply as far as it concerns the payment of equivalent value in a case where the proposed marriage does not take place in consequence of the death of one of the betrothed persons.

Article 1039 - Repealed on 29 December 1982.

Article 1040- Each one of the parties concerned can, with a view to contracting marriage, ask the other party to produce a certificate of a doctor showing the freedom of the person concerned from serious contagious diseases such as syphilis, gonorrhoea and consumption.” (Ibid)

CHAPTER 2 on MEDICAL FITNESS FOR MARRIAGE notes:

“Article 1041 - Marriage before the age, of majority is prohibited.

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Note -Marriage before puberty by the permission of the Guardian and on condition of taking into consideration the ward’s interest is proper.

Article 1042 - Repealed on 29 December 1982. (1) Article 1043 - The marriage of a girl who has not married previously is dependent on the permission of her father or her paternal grandfather even if she has reached the full age of majority. If, however, the father or the paternal grandfather withhold the permission without justifiable reason, the girl can refer to the Special Civil Court giving full particulars of the man whom she wants to marry and also the terms of the marriage and the dowry money agreed upon and notify her father or her paternal grandfather through that Court of the foregoing particulars The Court can issue a permission for marriage fifteen days after the date of notification to the guardian if no response has been received from the guardian to satisfy refusal.

Article 1044 - If the father or the paternal grandfather are not present in the place and obtaining their permission is customarily impossible and the girl is in need of marriage, she can marry. Note - Registration of such a marriage in the Marriage Registry shall be pending on proving the above - cited instances in the Special Civil Court.” (Ibid)

Chapter 3 - On Impediments to Marriage notes:

“Article 1059 - Marriage of a female Moslem with a non - Moslem is not allowed.

Article 1060 - Marriage of an Iranian woman with a foreign national is dependent, even in cases where there is no legal impediment, upon special permission of the Government.

Article 1061 - The Government can make the marriage of certain Government servants and officials and students supported by the Government with a female foreign national dependent upon special permission.” (Ibid)

The Shiite Personal Status Law notes on page 36:

“Article 106: Offer and acceptance in a marriage contract shall take place as below:

1. With the couple’s intention to write marriage vows, and create the marriage. 2. Each offer and acceptance has equal priority. 3. The customary sequence shall be respected between offer and acceptance. 4. If possible, the words of marriage performance shall be recited in Arabic. 5. Offer and acceptance which are cited in Arabic shall be in the past tense. 6. The words of offer from a male party or the husband and the acceptance using the word Qabelto (accepted) or Razaito (agreed) shall be valid.” (USAID (April 2009) SHIITE PERSONAL STATUS LAW)

The US Department of State Country Report on Iran published in April 2013 in a section titled Women:

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“The government does not recognize marriages between Muslim women and non-Muslim men, irrespective of their citizenship. The law states that a virgin woman or girl wishing to wed needs the consent of her father or grandfather or the court’s permission, even if she is older than 18.

The law permits a man to have as many as four wives and an unlimited number of “temporary wives” (sigheh) based on a Shia custom in which a woman may become the time-limited wife of a Muslim man after a simple religious ceremony and a civil contract outlining the union’s conditions. Temporary wives and any resulting children are not granted rights associated with traditional marriage, but the contract is enforceable.” (US Department of State (19 April 2013) Iran: Country Report on Human Rights Practices – 2012)

Under the heading ‘Children’ subheading Child Marriage the report notes:

“The law requires court approval for the marriage of girls younger than 13 and boys younger than 15. The NGO Society for Protecting the Rights of the Child stated that 43,459 girls under the age of 15 had married in 2009 and that 716 girls under the age of 10 married in 2010. There were no reports that the government investigated these cases.” (Ibid)

The US Department of State International Religious Freedom Report published in May 2013 notes:

“The government does not recognize Bahai marriages and divorces but allows a civil attestation of marriage to serve as a marriage certificate.” (US Department of State (20 May 2013) International Religious Freedom Report for 2012 – Iran)

Under the heading Baha’is the United States Commission on International Religious Freedom states:

“Their marriages and divorces also are not recognized, and they have difficulty obtaining death certificates.” (United States Commission on International Religious Freedom (30 April 2013) USCIRF Annual Report 2013)

Referring to ‘consent’ a report published in February 2013 by the Danish immigration Services notes:

“Mr. Hossein Abdy, Head of Passport and Visa Department, explained that according to the Civil Code of Iran, any young woman who wants to get married must have the consent from her father. This is always required for the first marriage. However, if she later divorces and wishes to marry again, no consent is required.” (Danish Immigration Services (February 2013) Report on fact finding mission (situation and treatment of Christians and Christian converts; adultery and relations outside marriage; situation of Kurds; participation in post election protests; judiciary; exit procedures; ethnic Khavaris))

The same report also notes:

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“It was explained that even if a couple has married according to Sharia law, the marriage is not valid in Iran without the proper registration.” (ibid p. 80)

The UN Commission for Human Rights in Section B ‘The institutional basis of violence against women’ under the heading ‘Discriminatory laws’ subheading (a) The Civil Code - Marriage and divorce notes:

“45. Early marriage is sanctioned by law as girls can be married as young as 13 and boys as young as 15. For girls, the age was only recently raised to 13 from the age of 9. Marriages may still be contracted for children under these ages with the consent of the parents. All girls and women must have the consent of the father (in his absence other male relatives) in order to enter into a marriage contract (art. 1041). Article 1105 of the Civil Code provides that the husband is the “head of the family”. A husband is also permitted to take multiple wives, which is said to be a source of friction in the family and vulnerability for women. Thus, laws disempowering women in the area of marriage legitimize power imbalances in the marriage relationship, make women vulnerable to violence and make it difficult for them to escape violence.

46. Article 1133 of the Civil Code provides that a man may divorce his wife whenever he wishes. Although technically a court may require a man to produce evidence justifying the divorce, this is reportedly a formality. For women to obtain a divorce, they must prove that staying in the marriage will cause them physical and emotional harm (art. 1140). The Civil Code was recently amended to clarify the specific circumstances under which a woman may seek a divorce. These included incurable diseases, abandonment of family life, spousal abuse and battery.” (UN Commission on Human Rights (27 January 2006) Report of the Special Rapporteur on Violence against Women, Its Causes and Consequences, Yakin Ertürk: addendum: Mission to the Islamic Republic of Iran (29 January to 6 February 2005))

The Immigration and Refugee Board of Canada note in a response:

“The following information was provided during a 13 August 1996 telephone interview with a specialist on Iran in Ottawa.

The source stated that it is unlikely that a notary public must be a mullah in order to perform marriage ceremonies. The source added that the notary public must have a good knowledge of the Shari'a and Islamic traditions. Marriages are part of religious law, not the Civil Code. People who perform marriage ceremonies are licensed by the Iranian state.” (Immigration and Refugee Board of Canada (1 August 1996) Iran: Information on whether a notary public must be a mullah in order to perform marriage ceremonies)

The U.S. Library of Congress notes:

”Marriage regulations are defined by Shia religious law, although non- Shias are permitted to follow their own religious practices. Before the Revolution, the legal marriage age was eighteen for females and twenty- one for males, although in practice most couples, especially among lower- class urban and rural families, actually were younger than the law permitted when they married. Consequently, the average marriage age for both sexes was 18.9 years. Since the Revolution, the minimum legal age for marriage for both

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males and females has been lowered to fifteen and thirteen years, respectively, although even younger boys and girls may be married with the permission of their fathers. The average age of marriage is believed to have fallen as a result of official encouragement of earlier marriages.

The selection of a marriage partner is normally determined by customary preference, economic circumstances, and geographic considerations. Among the Christians, Jews, and Zoroastrians, the choice may be restricted by religious practice. There is a distinct preference for marriage within extended kin networks, and a high incidence of marriages among first and second cousins exists. A traditionally preferred marriage is between the children of two brothers, although this kind of consanguineous marriage was declining among the old regime elite and secular middle class by the eve of the Revolution.

Marriage arrangements in villages and among the lower and traditional middle classes of urban areas tend to follow traditional patterns. When a young man is judged ready for marriage, his parents will visit the parents of a girl whom they believe to be a suitable match. In many cases, the man will have already expressed an interest in the girl and have asked his parents to begin these formalities. If the girl's parents show similar interest in the union, the conversation quickly turns to money. There must be an agreement on the amont of the bride-price that will be given to the bride's family at the time of marriage. In principle this payment is supposed to compensate the girl's family for her loss, but in practice it is used primarily to finance the cost of the wedding. The exact sum varies according to the wealth, social position, and degree of kinship of the two families.

Once the two families have agreed to the marriage, the prospective bride and groom are considered engaged. The courtship period now commences and may extend for a year or more, although generally the engagement lasts less than twelve months. The actual wedding involves a marriage ceremony and a public celebration. The ceremony is the signing of a marriage contract in the presence of a mullah. One significant feature of the marriage contract is the mahriyeh, a stipulated sum that the groom gives to his new bride. The mahriyeh usually is not paid at the time of the marriage, especially in marriages between cousins. The contract notes that it is to be paid, however, in the event of divorce or, in case of the husband's death, to be deducted from his estate before the inheritance is divided according to religious law. If the mahriyeh is waived, as sometimes happens in urban areas, this too must be stipulated in the marriage contract.” (US Library of Congress (undated) The Family)

The Social Institutions and Gender Index report for 2012 notes under the heading Discriminatory Family Code:

“The legal age of marriage is 13 years for girls and 15 years for boys, but fathers have the right to apply for permission to the courts to marry their children earlier.[22] Early marriages that take place without official permission can result in imprisonment.[23] According to government data from 2006 held by the United Nations, in that year, 16.8% of girls in Iran between 15 and 19 years of age were married, divorced or widowed, compared to just 2.1% of boys in the same age bracket.[24] The consent of both spouses is needed for a marriage to be valid; however, in some rural

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areas, forced marriages do occur, particularly involving very young girls, or widows.[25] In addition, for her first marriage, a woman must have the consent of her male guardian.[26] Muslim women are not allowed to marry non-Muslim men, although the reverse does not apply.[27] Mahr (marriage gift) form part of the marriage contract, and there is legislation in place to determine the amount to be paid.[28]” (Social Institutions and Gender Index (2012) Islamic Republic of Iran)

3. Divorce

The Civil Code of the Islamic Republic of Iran notes:

“Article 986 - A non - Iranian wife who may have acquired Iranian nationality by marriage, can revert to her former nationality after divorce or the death of her husband, provided that she informs the Ministry of Foreign Affairs in writing of the facts but a widow who has children from her former husband cannot take advantage of this right so long as her children have not attained the full age of 18.” (Islamic Republic of Iran (23 May 1928) Civil Code of the Islamic Republic of Iran)

CHAPTER 2 ON DIVORCE 1 - On General Considerations notes:

“Article 1133 - A man can divorce his wife whenever he wishes to do so.

Article 1134- The divorce must be performed in the actual form of utterance and in the presence of at least two just men who must hear the actual form of divorce.

Article 1135 - Divorce must be in clear and precise wording, a conditional divorce is null and void.

Article 1136 - The divorcer must be of legal, must be in possession of his faculties, must intend the act and must be free in his action.

Article 1137 - The guardian of a permanently made person, can divorce the wife of the latter if the interests of the person under his custody allow him to do so.

Article 1138 - The actual ritual utterance of the divorce can be performed by an attorney.

Article 1139 - Divorce is specially appointed for cases of permanent marriage: a temporary wife is relieved from marriage by the expiry of the period of marriage or by waiver of the remaining period by her husband.

Article 1140- It is not proper to divorce a wife during her monthly period or during the convalescent period after childbirth unless when the wife is pregnant or when the divorce occurs before matrimonial relations with her, or when the husband is absent so that he cannot obtain information concerning her monthly period.

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Article 1141 - It is not proper to divorce a wife between two monthly periods during which intercourse has taken place unless the wife is pregnant or is incapable of conception.

Article 1142- The divorce of a wife who although of child - bearing age has no monthly period, will be valid only when three months have passed from the date of the last matrimonial relations with her.

2. On Various Forms of Divorce

Article 1143 – The are two forms of divorce, irrevocable divorce and revocable divorce.

Article 1144 - After an irrevocable divorce the husband has not the right to renounce his intention of divorcing.

Article 1145 - A divorce is irrevocable in the following instances

1 - A divorce performed before the occurrence of matrimonial relations 2- Divorce of a wife who is incapable of conception. 3 - (a) a divorce which a wife achieves by giving a consideration to her husband and (Khul’a) and (b) a divorce by mutual consent (mubarat), as long as the wife has not demanded the return of the consideration. 113 4 - A third divorce, performed after three consecutive marriages (of the same parties) whether by mere renouncement by the husband of his desire to divorce the wife or by a new marriage between the two parties.

Article 1146 - A Khul’a divorce occurs when the wife obtains a divorce owing to dislike of her husband, against property which she cedes to the husband. The property in question may consist of the original marriage portion, or the monetary equivalent thereof, whether more or less than the marriage portion.

Article 1147 – A “Mubarat” divorce occurs when the dislike is mutual in which case the compensation must not be more than the marriage portion.

Article 1148 - The husband has the right to renounce divorce in a revocable divorce provide the period of “Iddah” has not expired.

Article 1149 - Return to the wife after divorce can be effected by any word or deed which may convey the idea, provided that it is based on an intention to do so.

3. On wife’s period of Waiting (Iddah)

Article 1150 - Iddah consists of a period during which a woman whose matrimonial bond has been dissolved cannot marry.

Article 1151 - The period of Iddah for a divorce or for the dissolution of a marriage consists of three consecutive monthly periods of a woman unless the woman concerned though of child bearing age has no monthly period, in which case the period of Iddah will be three months.

Article 1152 - The period of Iddah for divorce or dissolution of marriage or waiver of the remaining period or its expiry in the case of temporary marriage for a non – pregnant woman is the expiry of two monthly periods unless

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contrary to the nature of her age, she no such periods, in which case the period will be 45 days.

Article 1153 - The period of Iddah for divorce or dissolution of marriage act or waiver or expiry of the period of marriage in the case of a woman who is pregnant will be until she given birth to a child.

Article 1154- The period of Iddah in the case of death (of husband) in both permanent and temporary marriages will be four months and ten days, unless the wife is pregnant when the uddeh comes to an end with the birth of the child provided that the interval between the death of the husband and the birth of the child is longer than four months and 10 days: if not, the period of uddeh will be the same four months and 10 days.

Article 1155 - There is no Iddah in the case of a wife who has not had any matrimonial intercourse with her husband, or in the case of a wife beyond the age of conception who is not affected by any uddeh for divorce or for dissolution of marriage. But the uddeh for death must be observed in both cases.

Article 1156 - The wife of a continuously absent husband whose whereabouts are unknown, if divorced by a judge, must observe uddah for death, starting from the date on which the divorce was granted

Article 1157- A woman who has had matrimonial relations by way of mistake with someone must observe the uddah laid down in cases of divorce.” (Ibid)

The Shiite Personal Status Law notes under the heading Divorce:

“Article 155:

(1). Divorce is the dissolution of a marital relationship that according to the provisions of this law shall be done by the court or by one of the marriage couple.

(2). The husband is required to perform all the commitments or obligations resulting from the marriage contract such as Mahr and maintenance of the wife.

(3). If the husband has granted his wife the right to divorce, the wife can divorce herself. In this case the husband is required to perform all the commitments mentioned in paragraph 2 of this article.

Divorce by Court Article 156:

(1). The wife can complain to the court if the husband fails to provide her maintenance; the court shall give the husband two options: either to provide maintenance or to divorce [his wife]. If the husband refuses [either one of them], the court shall issue the divorce order; and also concerning the Ilaa (the foreswearing by the husband of conjugal relations), the Mujtahid [clergy practicing religious jurisprudence], who meets the requirements of Shia faith can carry out the divorce.

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(2). Where the request for divorce comes from either of the parties, the court shall first appoint two arbitrators [could mean mediators] from amongst their relatives to try to reconcile the couple.

Elements of a Valid Divorce Article 157: Elements of a valid divorce are as follows: 1. pronouncement of divorce 2. divorcer 3. divorcee 4. witnesses

Divorce Pronouncement Article no 158: (1). In the pronouncement for divorce, the terminology that specifies the wife in divorce shall be used before the word taleq such as zujate taleq.

(2). When possible, the pronouncement for the divorce shall be recited in the Arabic language; otherwise, express words signifying divorce shall be used.

(3). The husband and the wife can assign another person as an agent to perform the pronouncement for divorce.

(4). The pronouncement for the divorce must be undertaken according to the conditions of a valid divorce and its conditions, otherwise it is considered invalid. If after the performing of the divorce pronouncement it has been revealed that the pronouncement for the divorce has not occurred correctly, the divorce is considered invalid.

(5). The performing of three divorce declarations in one session is invalid. Performing several divorce declarations independently without returning to the wife is considered as one divorce.

Criteria of the Divorcer Article 159:

(1). A person pronouncing divorce shall be an adult, sane, free and have the intention to utilize the words of divorce in the prescribed formula; provided that, a pronouncement of divorce by a person who is intermittently or temporarily insane shall be accepted if it is shown that the pronouncement was made during a period of lucidity.

(2). A natural guardian, trustee or court appointed guardian, and supervisor may divorce the wife of a permanently insane person before the court by proving that it is in the interest of the permanently insane person but they may not divorce a minor [under aged] wife.

(3). An imbecile may divorce his wife, but all the financial consequences flowing from such a divorce shall be the responsibility of his guardian.

(4). Duress invalidates the contract of divorce under the following conditions; later consent is of no effect on it: 1. The person exerting duress is in a position of dominance and is able to exercise it. 2. The person subjected to duress is unable to repel or resist the duress.

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3. The duress is such as to cause harm to life, property or the reputation of the person threatened or of his family and is not inconsequential. (5). If after pronouncing divorce according to the prescribed formula, and after the expiration of the waiting period (edat), the husband claims that he had no intention of divorcing his wife, his claim shall not be heard, except in revocable divorces.

Criteria of the Divorcee Article 160:

(1). Divorce of a wife who has had sexual penetration, and has reached puberty and is not pregnant, is invalid. Divorce of a wife, who has not been penetrated, or if she is pregnant, and is during her menstruation period or post-partum bleeding, is valid. (2). Whenever a man (whether physically present or not) is for some reason unaware of his wife’s menstrual and post-partum bleeding status, and from the previous habits and circumstances knows that she is pure (she is not facing menstruation or post-partum bleeding), the divorce is considered valid. However, if he later learns that at the time of pronouncement of divorce his wife was impure then, as a precaution he shall repeat the pronouncement after a one month period of separation. If, by means of telephone or other means, he learns about the time of menstruation, he must ensure that the wife is not in a state of menstruation during the pronouncement of divorce. (3). Divorce of the wife who has had sexual intercourse in the time of tohor (time between two menstrual periods) is considered invalid unless the wife is pregnant, menopausal, a minor or if her husband is absent. If the husband has difficulty in establishing his wife’s pureness or impureness status then the validity of the divorce will be considered according to the provision of paragraph 2. (4). If the wife at the time of divorce claims that she is in state of pureness and after the pronouncement of divorce she claims that she was not pure from menstruation then the divorce is valid unless the wife proves her claim.

Witnesses Article 161: The pronouncement of divorce shall be made in front of and within the hearing of two male witnesses, provided that if after the pronouncement of divorce it is later revealed that one or both the witnesses was not fair and just, the divorce shall be invalid.

“Fairness” and “justness” of a person means, performance of all the religious duties and abstaining from all illegitimate acts out of fear of Allah.

Types of Divorce Article 162: Divorce according to its consequences is as follows: 1. Irrevocable divorce (bayen): under bayen divorce, the marital relationship is irrevocably dissolved and there is no right of return. 2. Revocable divorce (rajyee): under rajyee, dissolution of the marriage contract is suspended until expiration of the edat period, and the husband may return to his wife during the edat period at which point the divorce shall become invalid.” (USAID (April 2009) SHIITE PERSONAL STATUS LAW)

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The US Department of State Country Report on Iran published in April 2013 in a section titled ‘Women’ notes:

“A woman has the right to divorce only if her husband signs a contract granting that right, cannot provide for his family, or is a drug addict, insane, or impotent. A husband is not required to cite a reason for divorcing his wife. Traditional interpretations of Islamic law recognize a divorced woman’s right to part of shared property and to alimony. These laws were not enforced. In June 2011 the Supreme Court ruled that women could withhold sex from their husbands if the husbands refuse to pay personal maintenance allowance. Under the law such an allowance can be requested during the marriage as well as after a divorce. According to ISNA, if the allowance is not paid, the wife can “reject all legal and religious obligations” to her husband. If the allowance is not paid after the divorce, the woman can sue her former husband in court. Despite this ruling, the ability of a woman to seek divorce was still extremely limited in practice.

The law provides divorced women preference in custody for children up to age seven; divorced women who remarry must give the child’s father custody. After the child reaches age seven, the father is entitled to custody unless he has been proven unfit to care for the child. Courts determine custody in disputed cases.” (US Department of State (19 April 2013) Iran: Country Report on Human Rights Practices – 2012)

The British Embassy in Tehran noted on its website under the heading ‘Dual Nationals’:

“Iran does not recognise dual nationality. On marriage to an Iranian man a woman automatically becomes an Iranian national and is regarded as a mono-national in the eyes of the Iranian government. She can choose to renounce this citizenship after a divorce or the death of her Iranian spouse, but any children born of her Iranian husband will automatically be Iranian citizens and their citizenship is irrevocable.

For a divorce to be recognised it should be carried out in Iran or, if outside Iran, in accordance with Sharia law.” (British Embassy Tehran (21 July 2008) Dual Nationals)

4. Marriage between Non Nationals and Nationals

The British Embassy in Tehran notes under the heading ‘Getting Married in Iran’:

“Consular Section of the British Embassy in Tehran does not register marriages, however we can arrange for your local marriage certificate to be deposited with the General Register Office in the UK. This is not a legal obligation and has no bearing on the validity or otherwise of the marriage. It simply means that you are able to obtain a certified copy of your marriage certificate directly from the GRO, should you need to do so in the future. There is a charge for this service.

Certificate of No Impediment (CNI)

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If you are a British national planning to be married in Iran to an Iranian national, you must obtain a Certificate of No Impediment (CNI) from the Consular Section of the British Embassy in Tehran. This certificate states that you are single and free to marry.

In order to apply for a CNI you must:

 be a British national or a national of an unrepresented commonwealth country;  have lived in Iran for at least 21 days; and  complete a notice and swear an affidavit in front of the consular officer.

You will need to give notice that you intend to marry and you will need to bring with you:

Both applicants valid passports with Iranian visas or entry stamps. Both applicants long form birth certificates (with translation if relevant). Original UK divorce document.

The notice of marriage is posted on the Consular section notice board for a period of 21 days. If no objections are received, a CNI may be issued.” (British Embassy Tehran (13 January 2011) Getting Married in Iran)

The website also notes under the heading ‘Marriage outside of Iran’:

“A woman, who becomes Iranian by marriage, is resident outside of Iran and who wishes to visit Iran, will first need to apply for an Iranian passport. Iranian Embassies will not issue a visa on her British travel document. Exit and entry to Iran can only be made on an Iranian passport.” (British Embassy Tehran (21 July 2008) Dual Nationals)

Under the heading ‘Marriage in Iran’ it states:

“If the marriage takes place in Iran, her existing British travel document will be confiscated by the Iranian authorities, and an Iranian Birth Certificate and passport issued.

Married women may not leave Iran without their husband's permission, or in his absence, that of the local Prosecutor.” (Ibid)

Marriage between two Non Nationals

The Civil Code of the Islamic Republic of Iran note:

“Article 970 - Foreign diplomatic or consular officers in Iran can carry out marriage formalities only in cases where the parties to the marriage are both nationals of their country and also where the laws of that country allow them to nationals of their country and also where the laws of that country allow them to do so. The marriage must in any case be registered at the Civil Status Office.” (Islamic Republic of Iran (23 May 1928) Civil Code of the Islamic Republic of Iran)

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References

British Embassy Tehran (13 January 2011) Getting Married in Iran http://ukiniran.fco.gov.uk/en/help-for-british-nationals/living-in-iran/how-to-get- married-or-registeringbirth (Please note: The British Embassy Tehran remains closed. A British Interests Section (including limited consular assistance to British Nationals in Iran) is open under the auspices of the Swedish Embassy in Tehran. Information quoted above was obtained in April 2011 when the British Embassy had a presence in Tehran)

British Embassy Tehran (21 July 2008) Dual Nationals http://ukiniran.fco.gov.uk/en/help-for-british-nationals/living-in-iran/dual- nationals (Please note: The British Embassy Tehran remains closed. A British Interests Section (including limited consular assistance to British Nationals in Iran) is open under the auspices of the Swedish Embassy in Tehran. Information quoted above was obtained in April 2011 when the British Embassy had a presence in Tehran)

Danish Immigration Services (February 2013) Report on fact finding mission (situation and treatment of Christians and Christian converts; adultery and relations outside marriage; situation of Kurds; participation in post election protests; judiciary; exit procedures; ethnic Khavaris) http://www.nyidanmark.dk/NR/rdonlyres/A8C2C897-1CA9-49D1-BA32- EC3E599D646D/0/Iranendeligudgave.pdf

Immigration and Refugee Board of Canada (1 October 2001) Information on why the Iranian Embassy in Canada requires "an original certificate proving that the non-Muslim woman has converted to Islam" when registering the marriage between an Iranian man and a foreign woman, in light of a 2000 circular issued by the Registration Department in Iran that abolished questions of religion on application to register a marriage http://www.unhcr.org/refworld/docid/3df4bed70.html

Immigration and Refugee Board of Canada (1 August 1996) Iran: Information on whether a notary public must be a mullah in order to perform marriage ceremonies http://www.unhcr.org/refworld/docid/3ae6acb08c.html

Immigration and Refugee Board of Canada (1 July 1996) Iran: Information on whether proxy marriages exist in Iran, and if so, on the procedures, steps and details of a proxy marriage http://www.unhcr.org/refworld/docid/3ae6abf48.html

Islamic Republic of Iran (23 May 1928) Civil Code of the Islamic Republic of Iran http://www.unhcr.org/refworld/pdfid/49997adb27.pdf

Social Institutions and Gender Index (2012) Islamic Republic of Iran

16 http://genderindex.org/country/iran-islamic-rep

UK Foreign and Common Wealth Office (31 March 2011) Human Rights and Democracy: The 2010 Foreign & Commonwealth Office Report - Section VII: Human Rights in Countries of Concern http://www.ecoi.net/local_link/157766/260152_en.html

UN Commission on Human Rights (27 January 2006) Report of the Special Rapporteur on Violence against Women, Its Causes and Consequences, Yakin Ertürk: addendum: Mission to the Islamic Republic of Iran (29 January to 6 February 2005) http://www.unhcr.org/refworld/pdfid/45377aff0.pdf

USAID (April 2009) SHIITE PERSONAL STATUS LAW http://www.unhcr.org/refworld/pdfid/4a24ed5b2.pdf

US Library of Congress (undated) The Family http://countrystudies.us/iran/52.htm

US Department of State (20 May 2013) International Religious Freedom Report for 2012 – Iran http://www.state.gov/j/drl/rls/irf/religiousfreedom/index.htm?year=2012&dlid=2 08388

US Department of State (19 April 2013) Iran: Country Report on Human Rights Practices – 2012 http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2012&dli d=204359

United States Commission on International Religious Freedom (30 April 2013) USCIRF Annual Report 2013 http://www.uscirf.gov/images/2013%20USCIRF%20Annual%20Report%20%2 82%29.pdf

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