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The Modern Marriage

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Chapter Summary

The Islamic marriage contract is unique in that the rights and obligations of the man and woman who are party to it are dictated by the legislator and cannot be subject to any contrary agreement between them. Under Iranian law, either party who fraudulently claims or obtains the consent of the other to marriage, shall be liable to imprisonment for a period of six months to two years. Sometimes a marriage is arranged by a guardian if either party, especially the woman, is under age or does not have full legal capacity for some reason. But, when a marriage has been arranged by a guardian, the Shariʾah grants the party who is under age, or lacking full legal capacity for whatever reason, the right to rescind the marriage on coming of age or recovering full legal capacity.

Keywords: Iranian law; Islamic marriage; Muslim woman; Shariʾah

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