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IRAN FAMILY LAW
This translation of portions of the
Civil Code if Iran is unofficial. We are not responsible for any errors or
ambiguities. There may be updates not included in this version. The Iranian text
always prevails.
Family Law Provisions of
THE CIVIL CODE OF THE ISLAMIC REPUBLIC OF IRAN
BOOK 7
On Marriage and Divorce
CHAPTER 1
ON MARRIAGE
SECTION 1
On Asking for the Hand in
Marriage
Article 1034 - It is
lawful to ask for the hand of a woman to whose marriage there is no obstacle.
Article 1035 -A promise
of marriage does not create the matrimonial relation even though the whole or
some of the dowry fixed for payment at the time of marriage between the two
parties may have been paid. Either the man or the woman, therefore, can, so long
as the ceremonial act of marriage has not been pronounced, refuse the marriage
and the other party cannot oblige her or him to contract the marriage or claim
compensation for losses merely owing to the refusal.
Article 1036 - Repealed
on 29 December 1982.
BOOK 7
On Marriage and Divorce
CHAPTER 1
ON MARRIAGE
SECTION 1
On Asking for the Hand in
Marriage
Article 1034 - It is
lawful to ask for the hand of a woman to whose marriage there is no obstacle.
Article 1035 -A promise
of marriage does not create the matrimonial relation even though the whole or
some of the dowry fixed for payment at the time of marriage between the two
parties may have been paid. Either the man or the woman, therefore, can, so long
as the ceremonial act of marriage has not been pronounced, refuse the marriage
and the other party cannot oblige her or him to contract the marriage or claim
compensation for losses merely owing to the refusal.
Article 1036 - Repealed
on 29 December 1982.
Article 1037 - Every one of
the betrothed parties can , if the proposed marriage is cancelled, claim the
restitution of the presents given to the other party or to the parents for the marriage in question.
If the presents do not exist
in original, the claimant is entitled to ask for their value of the presents which are ordinarily
preserved unless the same presents have been destroyed without any fault of the party
who was in their possession.
Article 1038 - The stipulation
of the foregoing Article does not apply as far as it concerns
the payment of equivalent
value in a case where the proposed marriage does not take
place in consequence of the
death of one of the betrothed persons.
Article 1039 - Repealed on 29
December 1982.
Article 1040- Each one of the
parties concerned can, with a view to contracting marriage, ask the other party to produce
a certificate of a doctor showing the freedom of the person concerned from serious
contagious diseases such as syphilis, gonorrhoea and consumption.
CHAPTER 2
MEDICAL FITNESS FOR MARRIAGE
Article 1041 - Marriage
before the age, of majority is prohibited.
Note -Marriage before puberty
by the permission of the Guardian and on condition of taking into consideration the
ward’s interest is proper.
Article 1042 - Repealed
on 29 December 1982 . (1)
Article 1043 - The
marriage of a girl who has not married previously is dependent on the permission
of her father or her paternal grandfather even if she has reached the full age
of majority . If, however, the father or the paternal grandfather withhold the
permission without justifiable reason, the girl can refer to the Special Civil
Court giving full particulars of the man whom she wants to marry and also the
terms of the marriage and the dowry money agreed upon and notify her father or
her paternal grandfather through that Court of the foregoing particulars The
Court can issue a permission for marriage fifteen days after the date of
notification to the guardian if no response has been received from the guardian
to satisfy refusal.
Article 1044 - If the
father or the paternal grandfather are not present in the place and obtaining
their permission is customarily impossible and the girl is in need of marriage,
she can marry. Note - Registration of such a marriage in the Marriage Registry
shall be pending on proving the above - cited instances in the Special Civil
Court.
CHAPTER 3
ON IMPEDIMENTS TO MARRIAGE
Article 1045 - Marriage
with the following relations by blood is forbidden, even if the relationship is
based on mistake or adultery:
1- Marriage with father or
grandfather, mother or grandmothers, or to their ancestors to whatever
generation.
2 - Marriage with children, or
descendants to whatever generation.
3 - Marriage with the brother
and sister and their children, or their descendants to whatever generation.
4 - Marriage with one’s own
paternal aunts and maternal aunts and those one’s father, mother, grandfathers
and grandmothers.
Article 1046 - Foster -
relationship is the same as relationship by blood as far as impediments to
marriage are concerned, provided that:
Firstly - The milk of the
woman takes its source from a legitimate conception.
Secondly - The milk is sucked
directly from the breast.
Thirdly - The child has at
least had full milk for 24 hours (one night and on day) or for 15 consecutive
times without taking in between any other food or milk of another woman.
Fourthly - The child has taken
the milk before it has reached the full age of two years (from its birth): and
Fifthly - The milk taken by
the child is from the same woman with the same husband. If, therefore, a child
takes during twenty - four hours some milk from one woman and some from another,
this fact does not debar marriage even if the two women have a common husband.
In the same way, if a woman
has a foster - daughter and a foster - In the same way, if a
woman has a foster-daughter
and a foster - son whom she has milked each from the milk belonging to a
separate husband, that son and daughter cannot be considered as foster brother
and sister and their marriage is not prohibited for this reason.
Article 1047 - Marriage
between the following persons is permanently forbidden because of relationship
by marriage.
1 – Marriage, between a man
and his mother - in. - law or his grand - mother - in - law of any degree,
whether the relationship is by blood or foster - relationship
2 - Marriage between a man and
woman who has formerly been the wife of his father or of one of his
grandfathers, or of his son or of one his grandchildren even though the
relationship may be of the foster kind
3 - Between a man with females
of descent from his wife, no matter of what degree no exception being made even
if the woman is a foster - relation, provided that the husband and wife have
already consummated the marriage.
Article 1048 - Marrying
of two sisters by the same by one man is forbidden even if the marriage of each
one of them is of temporary nature.
Article 1049 - No one
can marry the daughter of his brother - in - law or the daughter of his sister -
in - law unless his wife permits him to do so.
Article 1050 - Every
person who marries a woman knowing of the existence of marriage ties binding the
wife and of prohibition of his own marriage with that woman, or who marries a
woman who has not yet passed the period of “uddeh” of divorce or of death, with
knowledge of the existence of the “uddeh” and the prohibition of the marriage,
his marriage will be null and void and the woman in question will definitely and
permanently be incapable of becoming the wife of that man.
Article 1051 - The
provisions of the foregoing Article will also be applicable in the case where
the marriage was solemnized with ignorance of all or some of the facts mentioned
in the foregoing Article, and the marriage has been consummated. In the case of
ignorance, but where matrimonial relations have not taken place, the marriage
will be null and void but marriage between the two does not become permanently
prohibited.
Article 1052 -
Separation caused by a solemn imprecation (li’an) involves a permanent bar to
the marriage of the parties concerned. Article 1053 - A marriage contract will
not be valid while the party concerned is covered with the pilgrimage garment .
If the party concerned marries with knowledge of the fact that such a marriage
is prohibited, the marriage will be barred forever.
Article 1054 - Adultery
with a married woman who has not yet passed the period of uddeh, will entail a
permanent bar to the marriage of the parties concerned.
Article 1055 - Sexual
intercourse by mistake or by adultery if preceding marriage is tantamount to the
existence of marriage as far as prohibition of marriage is concerned but cannot
cause cancellation of the former marriage.
Article 1056 - One who
perpetrates a shameful act on a boy cannot marry his mother, sister, or
daughter.
Article 1057 - A woman
who has been the wife of a man for three consecutive times and has been divorced
each time will become unlawful as wife to that man unless she is married by
permanent marriage to another man and, after matrimonial relations with that
man, separation occurs between them by divorce or cancellation of the marriage
or death.
Article 1058 - The wife
of a person who has been divorced from him nine times, six of which were
revocable divorce, will be illegal as wife to that man for ever.
Article 1059 - Marriage
of a female Moslem with a non - Moslem is not allowed.
Article 1060 - Marriage
of an Iranian woman with a foreign national is dependent, even in cases where
there is no legal impediment, upon special permission of the Government.
Article 1061 - The
Government can make the marriage of certain Government servants and officials
and students supported by the Government with a female foreign national
dependent upon special permission.
CHAPTER 4
CIRCUMSTANCES NECESSARY FOR
LEGALITY OF MARRIAGE
Article 1062 - Marriage
takes place by proposal and acceptance in words which explicitly convey the
intention of marriage.
Article 1063 - The
proposal and acceptance may be uttered by the man and woman themselves or by
persons who are legally entitled to perform the act.
Article 1064 - The person who
performs the act must be sane in mind, of legal age, and capable of forming, a
decision.
Article 1065 - It is a
necessary for the validity of a marriage that acceptance should follow close upon proposal, in
accordance with custom.
Article 1066 - If one or both
of the parties to the marriage are dumb, the ceremony can be conducted by signs made by the
dumb person or persons provided that the signs clearly convey the intention of
entering into the contract of marriage.
Article 1067 - It is a
necessary condition for the validity of a marriage that the wife and husband
should be so declared that neither party is in doubt as to the identity of the
other.
Article 1068 - Making
marriage conditional will render it void.
Article 1069 - A
provision in the marriage contract reserving the right of cancellation of the
contract, if made, will be null and void. But in a permanent marriage, a
provision entitling one of the parties withhold the dowry is permissible
provided that duration of this is definitely mentioned . After cancellation of
the grant of dowry (sudaq) the situation will be as if no dowry is mentioned in
the contract of marriage.
Article 1070- Consent
of the marrying parties is the condition upon which depends the enforcement of
the marriage contract, and if a party showing at first reluctance authorizes the
making of the contract subsequently, the contract will be binding unless the
reluctance is so acute that the reluctant person cannot be considered as having
been in possession of any intention.
CHAPTER 5
DEPUTING A THIRD PARTY FOR GIVING CONSENT TO MARRIAGE
Article 1071 - Either
the man or woman can depute a third party with power to contract the marriage.
Article 1072 - If power
is given without conditions as to the identity of the, husband, the attorney
cannot himself marry his principal under that power unless this permission is
explicitly given to him in the power of attorney.
Article 1073 - If the
attorney does not observe what his principal has laid down in connection with
the person or the dowry or other particulars, the authenticity of the marriage
will depend upon corroboration from the principal.
Article 1074 - The
provisions of the preceding Article will also be binding where the power was
without any reservation and the attorney did not act according to the best
interests of his principal.
CHAPTER 6
ON TEMPORARY MARRIAGE
Article 1075 - Marriage
is called temporary when it is for a limited period of time.
Article 1076 - The
duration of the temporary marriage must be definitely determined.
Article 1077 - In the
case of temporary marriage , provisions concerning inheritance of the wife and
her dowry are the same as fixed in the Chapter on inheritance’ and in the
following Chapter.
CHAPTER 7
ON THE DOWRY (MAHR)
Article 1078 - Anything
which can be called property and which can be owned and possessed can be
designated as a marriage portion.
Article 1079 - The
marriage portion must be known to the marrying parties to the extent that their
ignorance is removed.
Article 1080 - Fixing
of the amount of marriage portion depends upon the mutual consent of the
marrying parties.
Article 1081 - If a
condition is laid in the marriage act that if the marriage portion is not paid
within a fixed period that marriage will be cancelled, the marriage and the
marriage portion will remain binding and authentic but the condition will be
null and void.
Article 1082 -
Immediately after the performance of the marriage ceremony the wife becomes the
owner of the marriage portion and can dispose of it in any way and manner that
she may like.
Article 1083 - A
duration of time or installments can be fixed for the payment of the marriage
portion, as a whole or in parts.
Article 1084 - If the
marriage portion consists of a designated property and it is found out that
before the celebration of the marriage, that property was defective, or that
after the marriage celebration and before the delivery of the property it
becomes defective or it was destroyed.
Article 1085 - So long
as the marriage portion is not delivered to her, the wife can refuse to fulfil
the duties which she has to her husband provided, however, that the marriage
portion is payable at once. This refusal does not debar her from right of
maintenance expenses.
Article 1086 -If the
wife proceeds to fulfil the duties that she has towards her husband by her own
free will, she cannot subsequently avail herself of the provisions of the
foregoing Article, but never the less she will not forfeit the right that she
has for demanding the payment of the marriage portion due to her.
Article 1087 - If a
marriage portion is not mentioned, or if the absence of marriage portion is
stipulated in a permanent marriage, that marriage will be authentic and the
parties to it can fix the marriage portion subsequently by mutual consent. If
previous to this mutual consent matrimonial intercourse takes place between
them, the wife will be entitled to the marriage portion ordinarily due.
Article 1088 - In the
case of the foregoing Article, if one of the marrying parties dies before the
fixing of the marriage portion and before the consummation of marriage, the wife
will not be entitled to any marriage portion.
Article 1089 -
Authority for fixing the marriage portion can be entrusted to the husband or a
third party, in which case both of them can fix it at any amount they may wish.
Article 1090 - If the
authority for fixing the marriage portion is vested in the wife, she cannot fix
an amount which exceeds reasonable marriage portion.
Article 1091 - In
fixing of the reasonable marriage portion the status of the wife in respect of
her family’s station and other circumstances and peculiarities concerning her in
comparison with her equals and relatives and also the customs of the locality,
etcetera, must be considered.
Article 1092 -If the
husband divorces his wife before the consummation of marriage, the wife be
entitled to half of the marriage portion and if the husband has already paid
more than half of the marriage portion he has the right to demand the return of
the surplus, in original, in the equivalent, or in va1ue.
Article 1093 - If no
marriage portion is mentioned in the act of marriage and the husband divorces
his wife before the consummation of marriage and the fixing of the marriage
portion, the wife is entitled to a reasonable marriage portion, and if she is
divorced after the consumption of marriage, she will be entitled to the
equivalent of marriage portion.
Article 1094- The
status of the man in respect of wealth or poverty will be considered in fixing
the reasonable marriage portion.
Article 1095 - Absence
of marriage portion in the act of a temporary marriage will render the contract
void.
Article 1096 - The
death of the wife in a temporary marriage during the period of marriage will not
cause the forfeiture of the marriage portion; the same will be true if the
husband did not have any relations with her up to the end of the period of the
marriage.
Article 1097 - If the
husband waives his rights to the whole period of marriage in a temporary
marriage before having any relations with the wife, he must pay half of the
marriage portion.
Article 1098 - If the
marriage, whether temporary or permanent, was void, and there has not been any
matrimonial relations, the wife will not be entitled to any marriage portion and
the husband can demand the refund of the marriage portion if it has been
settled.
Article 1099 - If the
wife was ignorant of the fact that the marriage was unauthentic, and if in such
case matrimonial relations have occurred, the wife will be entitled to a
reasonable marriage portion.
Article 1100 - If the
specified marriage portion is unknown or if it is not of such a nature that it
can be owned or if it belongs to reasonable marriage portion and in the third
case to the equivalent of the value of the property which proved to be that of a
third party, unless the latter authorizes the transfer.
Article 1101 - If the
marriage is cancelled before matrimonial relations for any reason, the wife is
not entitled to any marriage portion . If the reason of cancellation is
impotency, the wife will be entitled to half the marriage portion
notwithstanding the cancellation of the marriage.
CHAPTER 8
RECIPROCAL DUTIES AND RIGHTS OF PARTIES
TO A MARRIAGE
Article 1102 -As soon
as marriage takes place in due form, relations of matrimony will automatically
exist between the marrying parties and rights and reciprocal duties of husband
and wife will be established between them.
Article 1103 - Husband
and wife are bound to establish friendly relations.
Article 1104 - Husband
and wife must cooperate with each other for the welfare of their family and the
education of their children.
Article 1105 - In
relations between husband and wife; the position of the head of the family is
the exclusive right of the husband.
Article 1106 - The cost
of maintenance of the wife is at the charge of the husband in permanent
marriages.
Article 1107 - Cost of
maintenance includes dwelling, clothing, food, furniture in proportion to the
situation of the wife, on a reasonable basis, and provision of a servant if the
wife is accustomed to have servants or if she needs one because of illness or
defects of limbs.
Article 1108 - If the
wife refuses to fulfill duties of a wife without legitimate excuse, she will not
be entitled to the cost of maintenance.
Article 1109 - Cost of
maintenance of a divorced wife during the period of “uddeh” is to be borne by
the husband, unless the divorce has taken place because of disobedience. But if
the uddeh arises from the cancellation of the marriage or a final divorce, the
wife is not entitled to cost of maintenance, unless she is with child from her
husband in which case she shall be entitled to cost of maintenance till her
child is born.
Article 1110 - The wife
is not entitled to cost of maintenance if she is passing through the uddeh
period due to the death of her husband.
Article 1111 - The wife
can refer to the court if her husband refuses to provide for her maintenance. In
such a case the court will fix the amount and will compel the husband to pay it.
Article 1112 - If the
enforcement of the provisions of the foregoing Article is impossible, the
provisions of Article 1129 must be followed.
Article 1113 - In the
case of a temporary marriage the wife is not entitled to the cost of
maintenance, unless provision has been specially made for this, or the marriage
has been arranged on this condition.
Article 1114 - The wife
must stay in the dwelling that the husband allots for her unless such a right is
reserved to the wife.
Article 1115 - If the
existence of the wife and husband in the same house involves the risk of bodily
or financial injury or that to the dignity of the wife, she can choose a
separate dwelling: and if the alleged risk is proved the court will not order
her to return to the house of the husband and, so long as she is authorized not
to return to the house, her cost of maintenance will be on the charge of her
husband.
Article 1116 - In the
case of the foregoing Article, so long as litigation is not concluded between
the married couple, the dwelling of the wife will be fixed by mutual consent of
both parties and failing such consent, the court will fix the dwelling after
duly obtaining the views of near relatives, and in the absence of relatives the
court itself will fix a suitable dwelling.
Article 1117 - The
husband can prevent his wife from occupations or technical work which is
incompatible with the family interests or the dignity of himself or his wife.
Article 1118 - The wife
can independently do what she likes with her own property.
Article 1119 - The
parties to the marriage can stipulate any condition to the marriage which is not
incompatible with the nature of the contract of marriage, either as part of the
marriage contract or in another binding contract: for example, it can be
stipulated that if he husband marries another wife or absents him self during a
certain period, or discontinues the payment of cost of maintenance, or attempts
the life of his wife or treats her so harshly that their life together becomes
unbearable, the wife has the power, which she can also transfer to a third party
by power of attorney to obtain a divorce herself after establishing in the court
the fact that one of the foregoing alternatives has occurred and after the issue
of a final judgment to that effect.
SECTION 2
On Dissolution of Marriage
Article 1120 - Marriage
may be dissolved by cancellation, by divorce, or by waiver of the remaining
period in the case of a temporary marriage.
CHAPTER 1
ON THE POSSIBILITY OF CANCELLATION
OF MARRIAGE
Article 1121 - Madness
of either of the married couple, provided that it is settled, whether it is
permanent or recurrent, will give the other person the right of cancellation.
Article 1122 - The
following defects in man will give the woman the right to cancel the marriage:
1 - Castration.
2 - Impotency, provided he has
not even once performed the matrimonial act.
3 - Amputation of the sexual
organ to the extent that he is unable to perform his marital duty.
Article 1123 - The
following defects in a wife bring about the right for a man to cancel the
marriage:
1 - Protrusion of the womb
(qaran).
2- Black leprosy (juzam).
3 - Leprosy (baras).
4- Connection of the vaginal
and anal passages (ifza).
5 - Being crippled.
6- Being blind in both eyes.
Article 1124 - The
defects of the wife entitle the man to a right of cancellation of marriage if
they existed at the time of marriage.
Article 1125 - Madness
and impotency create the right for the wife to cancel the marriage even if they
occur after the date of the marriage.
Article 1126 - Any one
of the married couple who was cognizant of the existence of the defects above
mentioned in the other party before the marriage was celebrated, has no right
after that date to cancel the marriage.
Article 1127 - If the
husband contracts a venereal disease after the performance of the marriage act,
the wife have the right to refuse to have any sexual relations with him and this
refusal will not debar her from the right to cost of maintenance.
Article 1128 - If a
special qualification is mentioned, as a condition of the marriage, to exist in
one of the marrying parties and if after the marriage it is found out that the
party concerned lacks the desired qualification, the other party has the right
to cancel the marriage. The foregoing is true whether the qualification is
mentioned explicitly in the marriage contract or whether the marriage has been
performed with the qualification understood mutually by the parties concerned.
Article 1129 - If the
husband refuses to pay the cost of maintenance of his wife, and if it is
impossible to enforce a judgment of the court and to induce him to pay the
expenses, the wife can refer to the judge applying for divorce and the judge
will compel the husband to divorce her. The same stipulation will be binding in
a case where the husband is unable to provide for the maintenance of the wife.
Article 1130 - In the
following circumstances, the wife can refer to the Islamic judge and request for
a divorce. When it is proved to the Court that the continuation of the marriage
causes difficult and undesirable conditions, the judge can for the sake of
avoiding harm and difficulty compel the husband to, divorce his wife. If this
cannot be done, then the divorce will be made on the permission of the Islamic
judge.
Article 1131 - The
option of cancellation of marriage must be exercised immediately and, if the
party who is entitled to the option does not cancel the marriage after becoming
cognizant of the reason upon which he could cancel the marriage, he forfeits the
option, provided also that he had full knowledge of the existence of the option
and its urgent character. Determination of the duration of time during which the
option can remain valid depends upon custom and usage.
Article 1132 - The
observance of the arrangements stipulated in the case of a divorce is not
obligatory in a case of cancellation of marriage.
CHAPTER 2
ON DIVORCE 1 - On General Considerations
Article 1133 - A man
can divorce his wife whenever he wishes to do so.
Article 1134 - The
divorce must be performed in the actual form of utterance and in the presence of
at least two just men who must hear the actual form of divorce.
Article 1135 - Divorce
must be in clear and precise wording, a conditional divorce is null and void.
Article 1136 - The
divorcer must be of legal, must be in possession of his faculties, must intend
the act and must be free in his action.
Article 1137 - The
guardian of a permanently made person, can divorce the wife of the latter if the
interests of the person under his custody allow him to do so.
Article 1138 - The
actual ritual utterance of the divorce can be performed by an attorney.
Article 1139 - Divorce
is specially appointed for cases of permanent marriage: a temporary wife is
relieved from marriage by the expiry of the period of marriage or by waiver of
the remaining period by her husband.
Article 1140 - It is
not proper to divorce a wife during her monthly period or during the
convalescent period after childbirth unless when the wife is pregnant or when
the divorce occurs before matrimonial relations with her, or when the husband is
absent so that he cannot obtain information concerning her monthly period.
Article 1141 - It is
not proper to divorce a wife between two monthly periods during which
intercourse has taken place unless the wife is pregnant or is incapable of
conception.
Article 1142- The
divorce of a wife who although of child - bearing age has no monthly period,
will be valid only when three months have passed from the date of the last
matrimonial relations with her.
2. On Various Forms of Divorce
Article 1143 - There
are two forms of divorce, irrevocable divorce and revocable divorce.
Article 1144 - After an
irrevocable divorce the husband has not the right to renounce his intention of
divorcing.
Article 1145 - A
divorce is irrevocable in the following instances:
1 - A divorce performed before
the occurrence of matrimonial relations
2- Divorce of a wife who is
incapable of conception.
3 - (a) a divorce which a wife
achieves by giving a consideration to her husband and (Khul’a) and (b) a divorce
by mutual consent (mubarat), as long as the wife has not demanded the return of
the consideration.
4 - A third divorce, performed
after three consecutive marriages (of the same parties) whether by mere
renouncement by the husband of his desire to divorce the wife or by a new
marriage between the two parties.
Article 1146 - A Khul’a
divorce occurs when the wife obtains a divorce owing to dislike of her husband,
against property which she cedes to the husband. The property in question may
consist of the original marriage portion, or the monetary equivalent thereof,
whether more or less than the marriage portion.
Article 1147 – A
“Mubarat” divorce occurs when the dislike is mutual in which case the
compensation must not be more than the marriage portion.
Article 1148 - The
husband has the right to renounce divorce in a revocable divorce provide the
period of “Iddah” has not expired.
Article 1149 - Return
to the wife after divorce can be effected by any word or deed which may convey
the idea, provided that it is based on an intention to do so.
3. On wife’s period of Waiting (Iddah)
Article 1150 - Iddah
consists of a period during which a woman whose matrimonial bond has been
dissolved cannot marry.
Article 1151 - The
period of Iddah for a divorce or for the dissolution of a marriage consists of
three consecutive monthly periods of a woman unless the woman concerned though
of child bearing age has no monthly period, in which case the period of Iddah
will be three months.
Article 1152 - The
period of Iddah for divorce or dissolution of marriage or waiver of the
remaining period or its expiry in the case of temporary marriage for a non–
pregnant woman is the expiry of two monthly periods unless contrary to the
nature of her age, she no such periods, in which case the period will be 45
days.
Article 1153 - The
period of Iddah for divorce or dissolution of marriage act or waiver or expiry
of the period of marriage in the case of a woman who is pregnant will be until
she given birth to a child.
Article 1154- The
period of Iddah in the case of death (of husband) in both permanent and
temporary marriages will be four months and ten days, unless the wife is
pregnant when the uddeh comes to an end with the birth of the child provided
that the interval between the death of the husband and the birth of the child is
longer than four months and 10 days: if not, the period of uddeh will be the
same four months and 10 days.
Article 1155 - There is
no Iddah in the case of a wife who has not had any matrimonial intercourse with
her husband, or in the case of a wife beyond the age of conception who is not
affected by any uddeh for divorce or for dissolution of marriage. But the uddeh
for death must be observed in both cases.
Article 1156 - The wife
of a continuously absent husband whose whereabouts are unknown, if divorced by a
judge, must observe uddah for death, starting from the date on which the divorce
was granted.
Article 1157- A woman
who has had matrimonial relations by way of mistake with someone must observe
the uddah laid down in cases of divorce.
BOOK 8
On Children
CHAPTER 1
ON PARENTAGE
Article 1158 - Any
child born during married life belongs to the husband provided that the interval
between intercourse and the birth of the child is not less than 6 months and not
more than 10 months.
Article 1159 - Any
child born after the dissolution of marriage belongs to the husband provided
that the mother has not yet married again and that not more.
Article 1160 - If the
marriage is dissolved after matrimonial intercourse and the wife has married
again and a child is born to be, the child belongs to the husband who can be
identified as the child’s father according to the foregoing Articles. If the
child could be attributed to both husbands according to the foregoing Articles,
the child belongs to the second husband unless definite indications show
otherwise.
Article 1161 - In the
cases coming under the foregoing Articles, if the husband has explicitly or
implicitly admitted that he is the father, his subsequent denial of this will be
of no validity.
Article 1162 - In the
cases coming under the foregoing Article, the plea of repudiation of the child
can only be preferred within the delay ordinarily admissible for the preferment
of such claims after the father known of the birth of the child. The plea will
in any case not be heard after the expiry of two months from the date that the
husband was informed of the birth of the child.
Article 1163 - In a
case where the husband did not know the real date of birth of the child and was
misguided by a wrong date according to which the child would belong to him and
when the husband is informed subsequently of the real date of birth, the period
of limitation for the plea of repudiation of the child is two months from the
date on which he discovered the fraud.
Article 1164 - The
provisions of the foregoing Articles will also be applicable in the case of a
child born from sexual intercourse when one party was in error as to the other’s
identity, although the mother may not have made any mistake.
Article 1165 - A child
born after such mistaken sexual intercourse will belong to the party who made a
mistake and if both parties were in error child belongs to both of them.
Article 1166 - If
marriage between the parents of a child is illegitimate owing to the existence
of any legal impediment, the relation of the child to that one of the parents
who was ignorant of the existence of the impediment is legitimate, and its
relation to the other party is illegitimate. If both parents were ignorant of
the impediment, the relationship of both of them to the child is legitimate.
Article 1167 - A child
born of adultery shall not belong to the adulterer.
CHAPTER 2
ON MAINTENANCE AND EDUCATION OF THE CHILDEN
Article 1168 -
Maintenance of children is both the right and duty of the parents.
Article 1169 - A mother
has preference over others for two years from the birth of her child for the
custody of the child and after the lapse of this period custody will devolve on
the father expect in the case of a daughter who will remain under the custody of
the mother till 7 years.
Article 1170 - If the
mother becomes insane or marriage another man during her period of custody, the
custody will devolve on the father.
Article 1171-If one of
the parents dies, the custody will be the duty of the surviving although the
deceased be the father and he may have appointed a guardian for the child.
Article 1172 - Neither
of the parents can refuse to maintain the child during the time when he or she
is responsible for its custody If he or she does so, the court must induce him
or her, on application by the other party or the guardian or one of the
relatives or the Public Prosecutor, to assume the custody. If such enforcement
is impossible or ineffective the court must arrange the custody at the expense
of the father, or of the mother in the event of the death of the former.
Article 1173 - If the
physical health or moral education of the child is endangered as a result of
carelessness or moral degradation of the father or mother who are in charge of
its custody the court can take any decision appropriate for the custody of the
child on the request of its relatives or its guardian or the Public Prosecutor.
Article 1174 - If the
parents of the child do not live in the same house owing to divorce or any other
reason, either of the parents who is not in charge of custody of the child has
the right to visit the child. Determination of the time and place of visit and
other particulars will be decided by the court if there is any dispute between
the parents about them.
Article 1175 - A child
cannot be taken from the parents or the father or the mother who is in charge of
its custody except in cases where just fiction exists for doing so.
Article 1176 - The
mother is not obliged to suckle the child unless the child cannot be fed except
with the milk of its mother.
Article 1177 - A child
must obey its parents and must respect them whatever its age.
Article 1178 Parents
are bound to take such measures as circumstances and their means allow for the
education of their children. They must not leave their talents undeveloped.
Article 1179 - Parents
are entitled to punish their children but they must not abuse this right by
punishing their children beyond the limits of correction.
CHAPTER 3
ON THE NATURAL GUARDIANSHIP OF THE FATHER AND PATERNAL
GRANDFATHER OVER THE CHILD
Article 1180 - A minor
child is under the guardianship of its father or paternal grandfather. Such is
also the case with a immature or insane child provided that the immaturity or
mental unfitness continues from the age of minority.
Article 1181 - Either
the father or the paternal grandfather has the right of guardianship over his
children.
Article 1182 - If the
child has both father and paternal grandfather and one of them becomes himself
incapacitated or is prevented by some reason or other from administering the
estate of his ward, his legal guardianship will cease.
Article 1183 - In all
matters pertaining to the estate, and the civil and financial concerns of the
ward, the guardian will be his or her legal representative.
Article 1184 -If the
natural guardian of the child is unworthy of the administration of the estate of
his ward or if he misappropriates property, the court will, on application by
the relatives of the child or on the request of the Public Prosecutor who has to
be a party to the suit, and after the establishment of the incapacity or
dishonesty of the guardian, also appoint a financial trustee to work with the
guardian. This provision will be applicable in a case where the guardian of the
child is unable to administer the estate of his ward owing to old age or
sickness or similar reasons.
Article 1185 - If the
natural guardian of the child becomes incapacitated, the Public Prosecutor is
obliged to appoint a guardian for the child according to the regulations
governing the nomination of guardians.
Article 1186 - In cases
where strong indications exist showing the dishonesty of the natural guardian in
respect of the estate of his ward, the Public Prosecutor is obliged to apply to
the Court of First Instance requesting that his actions may be investigated. The
court will examine the complaint and will act according to Article 1184 if his
dishonesty is proved.
Article 1187 - If the
only natural guardian of a child cannot administer the estate of his ward owing
to absence or imprisonment or owing to any other reason, and if he has not
nominated anyone else to represent him, the court will appoint provisionally a
guardian on the proposal of the Public Prosecutor for taking charge of the
estate and attending to all matters pertaining to it.
Article 1188 - Either
the father or the paternal grandfather can appoint after the death of the other,
an executor for the child under his guardianship in order that the executor may
attend, after his death, to the bringing up and the education of the children
and may administer their estate.
Article 1189 - Neither
the father nor the paternal grandfather can appoint an executor for his ward
while the other is still living. Article 1190 - A father or paternal grandfather
can authorize the guardian to nominate another guardian for his ward after the
guardian’s death.
Article 1191 - If the
guardian appointed by the natural guardian does not take steps for the
maintenance or the education of his ward or for the administration of his estate
or if he abstains from fulfilling his duties he will be discharged.
Article 1192 - A Moslem
guardian cannot appoint a non - Moslem guardian for his ward.
Article 1193
- As soon
as a child reaches the age of maturity, he will cease to be under ward ship and
if he becomes subsequently mentally deficient or insane, a guardian will be
appointed for him.
Article 1194 - The
father, the paternal grandfather and the guardian appointed by one of them will
be called the “special guardian” of the child.
BOOK 9
On the Family
CHAPTER 1
ON OBLIGATION OF MAINTENANCE
Article 1195 -
Provisions for the maintenance of the wife are those stipulated in Chapter 1,
Part 1 of Book 7 and those stipulated in this Chapter.
Article 1196 - Only
relatives by blood in a direct line ascending or descending are under reciprocal
obligation to provide maintenance for each other.
Article 1197- A person
is entitled to maintenance expenses if he or she is poor and cannot earn a
living by adopting an occupation.
Article 1198 - A man is
only obliged to maintain another if he is in a position to do so, that is to say
he can provide such maintenance without thereby causing himself distress. To
determine whether a man can maintain another, his obligations and his manner of
life must be taken into consideration.
Article 1199 -
Maintenance of children is the duty of the father on his death or his incapacity
for maintenance, this duty devolves on the paternal grandfathers, the nearer of
his kin coming before the father. In the absence of a father or paternal
grandfathers or in the event of their incapacity, the duty of maintenance
devolves on the mother. If the mother is dead also or is unable to maintain the
child, the duty will devolve on maternal grandfathers and the grandmothers and
paternal grandmother who are sufficiently wealthy to provide maintenance, giving
preference to the nearer of kin over the father. If a number of the grandparents
are similar in degree of kinship, the maintenance expenses must be paid by them
in equal shares.
Article 1200 -
Maintenance expenses of parents must be paid by the nearest related child or
grandchild in the order of kinship.
Article 1201 - If a
person has relatives both ascending and descending in the direct line who are
equally under an obligation to provide for his living, the relatives in question
must share the expenses in equal shares. It follows therefore that if the person
who is to be maintained has father, mother and direct children his expenses
should be shared in equal portions by his father and children, without the
mother being required to pay any share. In a like manner if a person who is to
be maintained has a mother and direct children, his expenses must be borne in
equal shares by the mother and the children.
Article 1202 - If the
relatives who are to be maintained are numerous and the supporter cannot pay for
them all, the claim of the relatives in the descending direct line has priority
over that of relatives in the ascending direct line.
Article 1203 - If there
are a wife and one or more relatives who are to be supported, the claim to
support of the wife precedes that of others.
Article 1204 -
Maintenance of relatives consists of providing dwelling, clothing, food and
furniture to the extent of bare necessities and subject to the means of the
person who provides the maintenance.
Article 1205 - In cases
of absence or refusal to pay maintenance, if it is impossible to oblige the
person whose duty it is to pay the maintenance, the court can, when persons
entitled to maintenance bring claim, place from the assets of the absentee or
the refuser, amount of the maintenance , at their own disposal or at the dispose
of their supporter (s): and in the event that the assets of the absentee or the
refuser are not available, his wife or another person may on the court’s
authorization pay the maintenance as loan and claim it from the absentee or the
refuser.
Article 1206 - A wife
can always and in any case prefer a claim for her past expenses, and her right
to these expenses is preferential. In the event of bankruptcy or insolvency of
the husband her dues must be paid before any liquidation payment is arranged.
Relatives, however, entitled to provision of maintenance expenses can claim only
their expenses for a future period. |
