Illegal Marriages

Illegal Marriages

In Iranian law, marriage is recognized as a social institution that gives rise to numerous legal and civil effects. From a religious perspective, marriage is also highly commendable and carries significant spiritual and moral consequences. Accordingly, avoiding marriage and abandoning this institution have been criticized, and remaining single in circumstances where abstention from marriage leads to sinful conduct is considered prohibited. Therefore, familiarity with the legal rules governing marriage is essential.

One of the most important aspects of this institution concerns the prohibition of marriage with certain individuals. Awareness of these prohibitions is necessary to ensure that a marriage is legally and religiously valid and free of impediments. Iranian Civil Law clearly defines the impediments to marriage, which are discussed below.

The Role of Marriage Registration Offices and the Legal Responsibility of Officials in Registering Illegal Marriages

Impediments to Marriage Under Iranian Law

Impediments to marriage are categorized as follows:

• Impediments arising from consanguinity.
• Impediments arising from affinity.
• Impediments arising from milk kinship.
• Miscellaneous impediments.
• Impediments established for the protection of national interests.

Impediments Arising from Consanguinity

Marriage is prohibited between the following relatives by blood:

• Marriage with one’s mother and her ascendants, as well as with one’s father and paternal ascendants.
• Marriage with one’s children, grandchildren, and further descendants.
• Marriage with one’s brothers and sisters, as well as their children and grandchildren.
• Marriage with one’s paternal and maternal aunts and uncles, as well as those of one’s parents and ancestors.

Impediments Arising from Affinity

Marriage between a man and his wife’s mother or her lineal ascendants, whether by blood or milk kinship, is permanently prohibited. This permanent prohibition is established even if the marriage lasts only a very short period. Once the marriage contract is concluded, the marital bond is formed, and the man is forever prohibited from marrying his wife’s mother or her ascendants.

Similarly, marriage between a woman and her husband’s father or paternal ascendants, whether by blood or milk kinship, is permanently prohibited.

A stepmother is permanently prohibited from marrying the children, grandchildren, and further descendants of her husband, even if the marriage lasted only a brief period. These prohibitions apply to both permanent and temporary marriages, and the existence of a marital relationship is not required. The mere conclusion of the marriage contract is sufficient to establish these prohibitions.

When a woman with daughters enters marriage, specific rules apply. If a marital relationship occurs between the man and the woman, a permanent prohibition arises between the man and the woman’s daughters. However, if no marital relationship occurs, the man may marry the woman’s daughters, provided that he first divorces the woman.

A man is prohibited from being married to two or more sisters at the same time. To marry a woman’s sister, he must first divorce his wife. If the divorce is revocable, meaning the husband has the right to return to the marriage, he may not marry the sister of his wife until the waiting period has ended, since the woman is still considered his wife during this period. In other types of divorce or after the waiting period of a temporary marriage, marrying the sister of a former spouse is permitted.

A man may marry the niece of his wife, whether from her brother or sister, only with the consent of his wife. However, marrying the wife’s paternal or maternal aunt does not require such consent.

If a couple divorces for the third time, they are prohibited from remarrying each other. Should they wish to marry again, the woman must first marry another man and subsequently divorce him. The second husband serves as a lawful intermediary, thereby removing the prohibition against remarriage with the first husband.

If a man divorces his wife nine times, a permanent prohibition arises between them, and the use of an intermediary marriage will no longer be effective.

Impediments Arising from Milk Kinship

One form of kinship arises from breastfeeding. When a child is breastfed by a woman, a maternal relationship is established. As a result, the woman’s children and relatives are considered kin to the child in the same manner as blood relatives, and the same rules of prohibition and close relationship apply.

Miscellaneous Impediments

If a man knowingly marries a woman who is already married or who is in her waiting period, the marriage is void, and a permanent prohibition arises between them.

If the man was unaware of these circumstances, the marriage is void; after the completion of the waiting period, provided that no marital relationship occurred, the man may lawfully marry the woman.

In cases of mutual imprecation, where a man accuses his wife of adultery, a permanent prohibition arises between them.

Marriage during the state of pilgrimage consecration is prohibited. If a man and a woman knowingly marry during this period, the marriage is void, and they become permanently prohibited from marrying each other.

Marriage between a Muslim woman and a non-Muslim man is prohibited and void. A Muslim man, however, may marry women from among the People of the Book, including Christians, Jews, and Zoroastrians. If a Muslim man already has a Muslim wife, entering into another marriage requires her consent.

Impediments Established for the Protection of National Interests

Iranian citizens employed by the Ministry of Foreign Affairs or the armed forces are prohibited from marrying non-Iranians without prior government authorization. This restriction has been established to safeguard national interests.

Frequently Asked Questions About Illegal Marriages