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Introducing the conditions of temporary concubinage without father’s permission and its rules

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Marriage in Iran’s legal system comes in two forms: temporary marriage and permanent marriage. Most of the conditions that exist in marriage are common between permanent and temporary marriages, and one should be careful in observing them. This is despite the fact that there are differences between these two forms of marriage; Because otherwise, dividing marriage into permanent and temporary would be useless. In this article, we are trying to introduce the conditions of temporary concubine conditions without the father’s permission and its rulings, and we will clarify all the dimensions, effects, rulings and angles of this issue for you dear ones in a fluent and simple language. So, stay with us.

The meaning and concept of temporary marriage

To answer the question, what are the conditions of a temporary concubine without the father’s permission? First, we must have a precise meaning and concept of temporary marriage and get to know its nature. Marriage is divided into temporary and permanent. In a permanent marriage, if the basic conditions of validity of the marriage are met and there are no obstacles to the marriage, its duration will continue until the end of the couple’s life. Of course, this does not mean that there is no possibility of divorce, but it means that there is no time to end this marriage. That is, with these words, there is even a possibility of absentee divorce. This is despite the fact that in a temporary marriage, a specific deadline is set, and upon reaching that time, the marriage ends and disappears.

Why was temporary marriage or concubine born?

Temporary marriage is an initiative of Shia jurisprudence. Its existential philosophy is that young people who do not have the possibility of permanent marriage and there is a possibility of them deviating and being infected with corruption, marry temporarily. This marriage is to solve and respond to sexual instincts. A person who wants to continue his generation should resort to permanent marriage and this is good. It was necessary to express the philosophy of temporary marriage in order to examine the conditions of temporary concubines without the father’s permission.

Temporary marriage without father’s permission

First, one should differentiate between being a boy and a girl; Because the answer to this issue varies depending on the type of gender and each has its own rules and conditions. We divide the discussion into two parts: temporary marriage without father’s permission for girls and boys.

1) Temporary concubine for son without father’s permission

According to the conditions of the sons and the opinion of Islamic Sharia, there is no obstacle for the son to have a temporary concubine without the father’s permission. A son can marry temporarily without getting his father’s permission. It should be noted that there is a minimum age for a boy to marry. If a boy is under 15 years old, according to the existing laws, he cannot marry temporarily without his permission. Because in the opinion of the legislator, he is not old enough to recognize his own merits and needs someone to monitor his actions and behavior.

2) Temporary concubine for a girl without father’s permission

With the clarification of the status of boys in temporary marriages, we reach temporary concubines for girls without the father’s permission. In this case, two different assumptions should be considered for girls. The temporary marriage of virgin girls has different rules and conditions from the temporary marriage of girls who are not virgins. In the following, we will examine these two cases in detail and describe their rulings separately.

– Temporary marriage of girls who are virgins: We talked about the nature and philosophy of temporary marriage. You realized that temporary marriage is for boys who don’t have the conditions for permanent marriage and also want to do halal and sharia work to satisfy their sexual instincts. The importance of protecting a girl’s rights requires her to obtain the permission of her guardian to enter into a temporary marriage; Because the virgin girl intends to marry, the basis of which is lust and intimacy. In general, it should be said that temporary marriage with a virgin without the father’s permission is invalid according to most jurists.
– Conditions of temporary concubine without father’s permission for girls who are not virgins: Girls who are not virgins, unlike virgin girls, do not need father’s permission in temporary marriage. The main reason for this difference is in being a virgin; Because for a girl who has the possibility of intimacy, violating rights has no meaning. Also, in addition to temporary marriage, these people are also allowed to marry permanently without the permission of their father and paternal ancestor.

Preventing the temporary marriage of a girl without a valid reason

In the continuation of the topic of the temporary concubine without the father’s permission, we reached a situation where the father prevents the daughter from marrying. This is only about the maiden girl; Because in the temporary marriage of a girl who is not a virgin, the father’s permission is rejected. If a virgin girl wants to get married temporarily and the father prevents the girl from marrying without any valid reason and this hindrance leaves the girl in trouble and embarrassment caused by being single, the girl can revoke the father’s guardianship. For this, it is necessary to go through certain rituals. Of course, some may not consider this right for a girl in a temporary marriage and consider it only for a permanent marriage, but there is no prohibition against this issue.

Temporary marriage of 99 years

It has become common among the general public to say that temporary marriage exists. If the girl is not a virgin or a virgin and has the father’s permission, this temporary marriage is not valid; Because in a temporary marriage, the term of the end of the marriage and the amount of the dowry must be known and specified, otherwise the marriage will be invalid. A certain period of time and a definite dowry are among the things that a girl and a boy cannot agree on. The period of not having a temporary marriage can be considered as a permanent marriage and it will have different effects.

The girl goes to the court to get temporary concubine conditions

If the father prevents the girl from marrying without any reasonable reason and the girl is past her marriageable age, the girl can get permission from the judicial authority by presenting the boy of her choice to the court. Of course, it should be noted that this issue will be very difficult; Because talking about marriage is temporary. The court deals with the matter with special sensitivity and care and does not confirm that the girl’s not marrying is detrimental to her; He will not allow temporary marriage.

Does the temporary marriage of the son of Safia need the father’s permission?

In Iran’s legal system, a fool is a person who has no reason to earn a living. A non-reshid or a fool is a person who spends his property like a child and lacks economic foresight. A person who is 18 years old is considered an adult, but if he was 15 years old and was able to receive a judgment of maturity from the court, he is still considered an adult. The son of Safia does not need his father’s permission for a temporary marriage; Because marriage is a non-financial matter, but in financial matters such as dowry, a woman will need the permission of her father or grandfather or guardian.

last word

In this article, we discussed the conditions of temporary concubines without father’s permission. As a conclusion, we can say that boys do not need the permission of a guardian for temporary marriage, except when they are under 15 years old. In the next place, girls who are not virgins, do not need the permission of a forced guardian for the purpose of temporary marriage. This is despite the fact that in the case of virgin girls, it is allowed, but it is a condition. Temporary marriage for virgins without permission will invalidate the marriage.

To get more information about this, you can consult with the family law attorney of Dadista Law Institute and ask him for guidance.

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FAQ
Does a girl who has been married once but is a virgin need her father's permission in a temporary marriage?
A girl who has been married once and then divorced, if she is a virgin, still needs her father's permission; Because the father's permission is not revoked by marriage, but by leaving virginity. This ruling is only for maidens.
If the father and grandfather are dead, does a virgin girl need her mother's permission for a temporary marriage?
A virgin girl whose father and grandfather have died does not need the permission of her mother, brother, uncle, uncle, aunt, grandmother or any other relative in any degree for a temporary marriage, and she is independent in this matter.
If the father does not allow the temporary marriage of the virgin girl, but the grandfather does, what is the duty?
When the father does not agree with the temporary marriage of a virgin girl and does not allow it, if the grandfather (paternal ancestor) agrees and allows it, his permission is sufficient. A virgin girl can marry with her grandfather's permission.

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