Journal of Woman and Family Studies
Legal-Juristic Study of Age of Marriage in Iranian Law
Document Type : Research/Original/Regular
Authors
1 Master of Women Studies, Al-Zahra University, Tehran, Iran
2 Assistant Professor, Law Department, Faculty of Economics and Social Sciences, Al-Zahra University, Tehran, Iran
Abstract
The requirement for individual freedoms in society is that many restrictions cannot be imposed on individuals, especially in personal affairs. At the same time, the special importance of marriage has led to the limitation of marriageable age in different societies to prevent physical and psychological harm to children. study of the marriage age from the jurisprudential perspective shows that there is no specific age for marriage but certain conditions have been set for marriage Before puberty such as Observing the interest of the child, Prohibition of sex before puberty and The right to terminate marriage after puberty. Considering these conditions can clarify the legal framework in this area so that under the current state of society, less adolescent marriage seems less expedient.
Under current Iranian law, marriage before the age of 13 for girls and 15 for boys requires Guardian's permission, expediency, and court permission. But marriage is not forbidden at any age. The root of this prohibition must be traced back to the jurisprudents' view of Guardian's approval of minor marriage .At the same time, there are still conflicts in the legal system of Iran with regard to the legal age of puberty, age of Health capability for marriage, and the age of maturity that requires the legislator's comprehensive approach to addressing these ambiguities and avoiding partial reform of laws.
Highlights
Under current Iranian law, marriage before the age of 13 for girls and 15 for boys requires Guardian's permission, expediency, and court permission. But marriage is not forbidden at any age. The root of this prohibition must be traced back to the jurisprudents' view of Guardian's approval of minor marriage .At the same time, there are still conflicts in the legal system of Iran with regard to the legal age of puberty, age of Health capability for marriage, and the age of maturity that requires the legislator's comprehensive approach to addressing these ambiguities and avoiding partial reform of laws.
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