Legal issues of marriage of Iranian women with foreign nationals in a book – Mehr News Agency | Iran and world’s news
According to the Mehr news agency, the law book “Iranian Women Married to Foreign Nationals” by Amir Khajehzadeh and Amir Barani Biranvand has recently been published by Chatr Danesh Publications.
Marriage to foreign nationals is one of the issues that is considered important in any legal system, due to its special legal, political and security dimensions. Although examining the issue from a sociological perspective and the impact that such marriages have on the cultural context of societies is important and effective in policy-making and macro-planning in this regard, but analyzing the legal aspects of such marriages to prepare the ground for proper policy-making, In its place is the importance of improvement.
In recent years, due to the humanitarian actions of the Islamic Republic of Iran in accepting refugees from different countries, especially Iraq and Afghanistan, reliable sources of marriage statistics with foreign nationals have been growing. Although accepting and sheltering refugees is a positive step that the government of the Islamic Republic of Iran, in view of its humanitarian goals, has always been a pioneer, but the social consequences of foreign marriage, including the displaced with Iranians should not be ignored.
There is no doubt that any policy on the issue of marriage with foreign nationals requires a comprehensive understanding of the issue and the resulting social problems from different perspectives. This book examines the legal aspects of marriage and divorce with foreign nationals in the light of the issues that may arise from political, security, cultural, and sociological perspectives on the consequences of Iranian marriage to foreign nationals. First, the legal status of Iranian marriages with foreign nationals as well as Muslim marriages with non-Muslims was examined, and then the effects of marriage with foreign nationals in terms of citizenship were discussed. In short, they have been studied and analyzed.
In this work, the authors emphasize that the legal status of marriage with foreign nationals, the legislator, in accordance with Imami jurisprudence, has made marriage conditional on terms of validity, and in addition has mentioned obstacles to marriage. The validity of a marriage contract requires the existence of valid conditions and the absence of obstacles. Most of the mentioned conditions and obstacles are not related to the citizenship of the couple, and in the case of any marriage, regardless of the citizenship of the couple, the existence of those conditions and the absence of obstacles are essential for the validity of the marriage.
However, in two articles of the Civil Code, the legislator has considered the issue of citizenship to be effective in marriage:
Article 1060 of the Civil Code: “The marriage of an Iranian woman to a foreign national, even in cases where there is no legal impediment, is subject to special permission from the government.”
Article 1061: “The government may postpone the marriage of some government employees, officials and students to a woman who is a foreign national with special permission.”
In addition, from the point of view of the civil legislator, following the Imami jurisprudence, infidelity is considered as one of the obstacles to marriage and has been prescribed as described in Article 1059; “It is not permissible to marry a Muslim with a non-Muslim” (Shaygan, 1375, p. 130).
In order to examine the enforcement guarantee and the legal effects of Iranians marrying foreign nationals, it is necessary to discuss the marriage of an Iranian man with a foreign woman. A foreign man with a Iranian woman should be discussed separately.
1- Marriage of an Iranian man to a foreign woman In principle, marriage of an Iranian man to a foreign woman is illegal; Except in the cases mentioned in Article 1061 of the Civil Code, according to this article:
“The government may postpone the marriage of some employees, officials and students with a woman who is a foreign national with a special permit” He had gone abroad. To obtain such a permit, a member of the State Department who applied to marry a foreign national had to submit to the State Department for information such as the woman’s personal biography and work history.
This decree was the criterion for action until January 1345, when on this date, the law on the source of marriage of employees of the Ministry of Foreign Affairs with foreign nationals, approved the approval and marriage of these employees with foreign nationals. The said single article stipulates:
From this date, the marriage of Foreign Ministry employees with foreign nationals or those who have previously acquired Iranian citizenship as a result of marriage is prohibited. “Violating employees will not be eligible to continue serving in the State Department.”
The ban on marriage by State Department employees to foreign nationals is solely for political and security reasons. Because the marriage of State Department employees with foreigners may lead to security and intelligence losses for the country.
The guarantee of the performance of such a marriage, as it appears from the text of the single article, is not the annulment of the marriage; Rather, the marriage is a valid event and has legal effects and provisions, and only employees who violate the service of the Ministry of Foreign Affairs are fired.
The rulings on the marriage of State Department employees to foreigners are currently the only example of restrictions on the marriage of Iranian men to foreign nationals under Article 1061 of the Civil Code, and the government can, if necessary, the government, if necessary. With the authority obtained from this article and through the approval of by-laws, the marriage of government students, scholarship students) and other government officials and employees should also be postponed with the permission of certain authorities.
2- Marriage of a foreign man to an Iranian woman: The Civil Code of Iran has postponed the marriage of a foreign man to an Iranian woman, even in cases where there is no legal prohibition, with special permission from the government (Article 1060 of the Civil Code). The implication of this legal ruling is that even in cases where all the conditions for the validity of marriage are present and there are no legal obstacles such as intimacy and infidelity, remarriage of a foreign national with an Iranian woman requires special permission from the government. Philosophy has considered this ruling, which lacks a jurisprudential aspect and is part of the state system, as the political interests of the country as well as the protection of women. Pursuant to this article, the government, in accordance with the approval letter dated 10/7/1310, had introduced the competent authority for issuing permits as the rulings of the states and provinces. This authority was assigned to the Ministry of Interior based on the approval dated 24/8/1314, and during the regulations dated 13/9/1319, the quality of handling the issue and the conditions of the permit were determined.
At present, this permit, which is called a marriage license, is carried out according to the marriage regulations of Iranian women with non-Iranian foreign nationals approved in October 1967, to which a note has been added on April 15, 1970. According to Article 1 of this regulation, the competent authority for issuing a marriage license is the Ministry of Interior, but according to Article 4 of the regulation, the authority has the authority to issue a marriage license to the governorates and to some political and consular representatives with the consent of the Ministry of Foreign Affairs. Assign abroad so that the authorities of the deceased, within the limits of the provisions of the regulations, can proceed directly to the issuance of the marriage license on the spot and announce the status of the registration.
Article 2 of the regulations requires the submission of the following documents for the issuance of a marriage license:
1- A letter from a man and a woman requesting the issuance of a marriage permit according to the sample of the Ministry of Interior
2- Certificate from the official authority of the man’s country, stating that marriage with an Iranian woman is unrestricted and that marriage is recognized in the man’s country. If it is not possible to obtain the said certificate for the marriage applicant, the Ministry of Interior can issue a marriage license without receiving the above certificate, if the woman consents.
3- If the man is a non-Muslim and the woman is a Muslim, a certificate or testimony of the man’s conversion to Islam.
According to Article 3 of the regulations, if a woman requests it, the Ministry of Interior will demand other documents from the man as follows.
2- Certificate of celibacy or marriage of a man, from the official, local authority or political officials of the country of the man.
2- Certificate of not having a criminal conviction of a man from the official authorities of the country of the man and also a certificate of no criminal record from the authorities of the country if the man resides in Iran.
2- Certificate of the couple’s ability and ability from local authorities or political and consular officials of the man’s country, as well as a registration undertaking by the man to pay the alimony of the wife and children and any other right that the woman leaves in case of mistreatment. Or divorce her.
The following note of the third article envisages the possibility of a proper guarantee from the husband by the Ministry of Interior to ensure the proper performance of duties that are the responsibility of the man according to Iranian regulations, and the Ministry to determine the appropriate guarantee and how to obtain it and how to use the guarantee. The country has delegated.
As can be seen, the issuance of a marriage license for the possibility of an Iranian woman marrying foreign men has, first of all, a political aspect; Because the mentioned marriage may, according to the laws of the couple, impose the citizenship of the man on the woman and as a result, the citizenship of Iran is imposed on the woman. Citizenship is also artificial because, firstly, it is necessary for the government to control it politically, and secondly, it is enacted in order to protect women. Because the government’s political support of its citizens requires that the government, in the marriage of an Iranian woman with a foreign man, achieve the various aspects that the woman’s interests require, and then issue a marriage permit.
Guaranteeing the marriage of an Iranian woman with a foreign national without obtaining a marriage license is legally disputed by jurists. Permission must be considered valid and valid. The appearance of the phrase Article 1060 of the Civil Code also confirms this claim. On the other hand, due to the government’s political goals in setting the rule in the article and due to the need for government control and supervision over such marriages, the belief in the non-influence of Iranian women marrying foreign nationals without government permission has been strengthened.
The latter view, given the government’s oversight goals, should be seen as stronger on foreign marriages. In other words, it is true that the conditions and obstacles of marriage are enumerated in Imami jurisprudence and civil law, and in principle the citizenship of the couple is not mentioned as conditions or obstacles and marriage, but the government may set special conditions for political, security and public order interests. To lay down for marriage that can be justified by the secondary rulings of the government.
The possible political, cultural and social consequences of such marriages, which have also been considered in some field studies, show the need to control and monitor foreign marriages, and this necessity requires that government supervision be described in Article 1060 of the law. Interpret a civil law from a legal point of view and believe that the marriage of an Iranian woman with a foreign national is not influential if the government does not obtain permission. In order to better achieve this goal, it would be more appropriate if the legislature explicitly guarantees the legal implementation of the marriage of an Iranian woman to a foreign national without education. (Papli Yazdi; 56, 2013)
The book “Iranian women married to foreign nationals” has been sold in 1000 copies and at a price of 20,000 Tomans on the counter of bookstores.
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