Temporary Marriage and the Principles of Inheritance Therein
Since the beginning of human existence, due to the presence of sexual instinct and human awareness of reproduction and procreation, marriage has become a customary and accepted institution. Throughout human history, the union of a man and a woman has consistently been governed by law, customs, contractual frameworks, and social norms. Society has never regarded marriage as a matter free from regulation or conditions. Over time, and with the establishment of governments in various regions, numerous laws were enacted to regulate marriage and to preserve and strengthen it.
Under the laws of the Islamic Republic of Iran, marriage is referred to as nikah. According to these laws, nikah is a contract that establishes a marital relationship between a man and a woman and gives rise to both financial and non-financial effects. Financial effects include the obligation to pay alimony and dower to the wife. Non-financial effects include good conduct between spouses, child upbringing, specific and general marital obedience, and the right of rescission, all of which arise from the marriage contract.
Conditions and Essential Elements of the Validity of a Temporary Marriage Contract
Conditions for the Validity of the Marriage Contract
As with other contracts, the validity of a marriage contract depends on general contractual requirements, including the intention and consent of the parties, their legal capacity, and the lawful subject matter and purpose of the marriage. Based on classifications recognized in the Iranian Civil Code and Shiite Islamic jurisprudence, marriage contracts are divided into permanent marriage and temporary marriage. This article focuses on temporary marriage.
Temporary marriage is a recognized form of marriage that has been established with the objective of ensuring social welfare and moral stability, while preventing individuals from engaging in immoral or religiously prohibited conduct. As implied by its name, this type of marriage is concluded for a specific and limited duration. The duration of the temporary marriage must be explicitly determined by the parties, and the dower of the woman must be specified and agreed upon for the contract to be valid. If the dower is not stipulated, the temporary marriage is void, and if the duration is not specified, the contract cannot be regarded as a temporary marriage.
It should be noted that temporary marriage is recognized under Shiite jurisprudence, whereas it is not acknowledged by Sunni jurisprudence. In accordance with Shiite legal principles, the Islamic Republic of Iran’s legal system and the Iranian Civil Code recognize temporary marriage as a valid form of marriage and have established specific legal provisions governing it.
In relation to temporary marriage, it is important to note that not all legal rules applicable to permanent marriage necessarily apply to temporary marriage. For example, in temporary marriage, the wife is not entitled to alimony unless such entitlement is expressly stipulated in the contract. One of the most debated issues concerning temporary marriage is the inheritance rights of spouses.
With respect to inheritance rights between spouses in temporary marriage, there are differing opinions within Islamic jurisprudence. By examining juristic sources and scholarly works, two general approaches can be identified, namely the denial of inheritance and the recognition of inheritance, each subject to varying conditions depending on whether inheritance is stipulated in the contract. The issue of inheritance in temporary marriage has been analyzed under four primary juristic views.
According to the first view, temporary marriage is equivalent to permanent marriage; therefore, any condition excluding inheritance is invalid, resulting in unconditional inheritance rights. This view is attributed to Ibn Barraj, although it has been subject to criticism and is considered problematic by some scholars who argue that Ibn Barraj did not advocate absolute inheritance in all marriage contracts.
The second view emphasizes the existence of inheritance unless there is an explicit condition excluding it. Under this theory, temporary marriage inherently entails inheritance, but if the parties stipulate non-inheritance, such a condition must be upheld, thereby negating inheritance rights.
The third view holds that inheritance is not applicable unless it is expressly stipulated in the contract. In this case, if inheritance is included as a contractual condition, inheritance will apply, as fulfilling contractual conditions is considered obligatory.
The fourth view entirely rejects the existence of inheritance in temporary marriage and establishes non-inheritance as the governing principle.
These differing perspectives demonstrate the significant divergence of opinion regarding inheritance in temporary marriage, arising from various narrations and interpretations within Islamic jurisprudence. As a result, approaches range from complete denial of inheritance to full recognition thereof. According to Article 940 of the Iranian Civil Code, spouses inherit from one another only in cases of permanent marriage. This legal provision does not extend to temporary marriage. However, since individuals are legally permitted to bequeath up to one-third of their property through a will, spouses in a temporary marriage may transfer property to one another through testamentary disposition.
Frequently Asked Questions About Temporary Marriage and Inheritance
Temporary marriage is a form of marriage recognized under Shiite jurisprudence and the Iranian Civil Code, concluded between a man and a woman for a specified duration. In this type of marriage, the determination of the duration and the specification of dower are mandatory, and the absence of either renders the contract void.
In permanent marriage, all marital rights and obligations apply fully to both spouses. In temporary marriage, certain rights differ. For example, alimony is only payable if stipulated in the contract, and inheritance between spouses is subject to juristic and legal debate.
According to Article 940 of the Iranian Civil Code, only spouses in a permanent marriage inherit from one another. Therefore, the general rule in temporary marriage is the absence of inheritance, unless inheritance is stipulated contractually or transferred through a will limited to one-third of the estate.
Islamic jurists have presented four views: absolute inheritance, inheritance unless excluded by condition, inheritance only if expressly stipulated, and absolute denial of inheritance. As a result, substantial disagreement exists on this issue.
While inheritance is not legally recognized in temporary marriage, each spouse may bequeath up to one-third of their property to the other through a valid will. What is temporary marriage?
What is the difference between permanent and temporary marriage?
Do spouses inherit from each other in a temporary marriage?
What are the juristic views regarding inheritance in temporary marriage?
Can inheritance be granted to a temporary spouse?
