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Chapter 36 - Temporary Marriage in Iranian Family Law

Mukhtaṣar-i Ḥuqūq-i Khānivādih (2015) of Sayyid Ḥusayn Ṣafāyī and Asad Allāh Imāmī

from Part V - Judicial Manuals and Reference Books

Published online by Cambridge University Press:  14 November 2024

By
Hannah L. Richter
Edited by
Omar Anchassi  and
Robert Gleave
Omar Anchassi
Affiliation:
Universität Bern, Switzerland
Robert Gleave
Affiliation:
University of Exeter
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Summary

This chapter discusses an extract from the Iranian legal textbook Mukhtaṣar-i Huqūq-i Khānivādih (‘A Concise Summary of Family Law’) of the Iranian legal scholars Sayyid Ḥusayn Ṣafāyī and Asad Allāh Imāmī. The 42nd revised edition of this text, published in Tehran in 2015, gives an overview of Iranian family law and is aimed specifically at students of law. The 472 pages of the book cover marriage, divorce, parentage, and filiation. This chapter focuses on temporary marriage (commonly known as sīgheh in Persian), which is characterised by the exact determination of the duration of the marriage when contracted. This form of marriage is permitted in Twelver Shī’ī (Imāmī) law, while being strictly rejected in all schools of Sunnī law.

Keywords

Personal status lawTemporary marriage (Ar. mutʿaPer. sīgheh)Iranian legal systemmarriage contract (ʿaqd al-nikāḥ)
Type
Chapter
Information
Islamic Law in Context
A Primary Source Reader
 , pp. 375 - 383
Publisher: Cambridge University Press
Print publication year: 2024

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References

Primary Sources

Civil Code of the Islamic Republic of Iran (Qānūn-i Madanī; first promulgated: 1307Sh (1928); most recent amendment 2006), available at https://rc.majlis.ir/fa/law/show/97937.Google Scholar
Family Protection Act of the Islamic Republic of Iran (Qānūn-i Ḥimāyat-i Khanivādih, passed 1391Sh (2013)), available at www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=5565b5c84.Google Scholar
Ṣafāyī, Sayyid Ḥusayn and Imāmī, Asad Allāh. Mukhtaṣar-i Ḥuqūq-i Khānivādih (Tehran: Mīzān, 2015).Google Scholar

Secondary Sources

Bøe, Marianne. Family Law in Contemporary Iran: Women’s Rights Activism and Shari’a (London and New York: I. B. Tauris, 2015).CrossRefGoogle Scholar
Ghodsi, Tamila F. ‘Tying a Slipknot: Temporary Marriage in Iran’, Michigan Journal of International Law 15/2 (1994), 645–86.Google Scholar
Gribetz, Arthur. Strange Bedfellows: Mutʿat al-Nisāʾ and Mutʿat al-Ḥajj: A Study Based on Sunnī and Shīʿī Sources of Tafsīr, Ḥadīth and Fiqh (Berlin: Schwarz, 1994).Google Scholar
Haeri, Shahla. Law of Desire: Temporary Marriage in Shi’i Iran, rev. ed. Syracuse: Syracuse University Press, 2014).Google Scholar
Haeri, Shahla. ‘Temporary Marriage and the State in Iran: An Islamic Discourse on Female Sexuality’, Social Research 59 (1992), 201–23.Google Scholar
Mir-Hosseini, Ziba. ‘The Politics of Divorce Laws in Iran: Ideology versus Practice’, in Interpreting Divorce Laws in Islam, ed. Mehdi, Rubya, Menski, Werner and Nielsen, Jørgen (Copenhagen: DJØF Publishing, 2012), 65–83.Google Scholar

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