Shaban Haghparast; Samad Yousefzadeh
Abstract
The debate as to whether it is necessary to have the gardener’s permission for avirgin girl marriage has been a controversial subject for many years. This issuehas led the legislator to establish three aspects considered by Article 1043 of theIranian Civil Code. The differences relating to these ...
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The debate as to whether it is necessary to have the gardener’s permission for avirgin girl marriage has been a controversial subject for many years. This issuehas led the legislator to establish three aspects considered by Article 1043 of theIranian Civil Code. The differences relating to these three aspects raise thisquestion: Is it principally necessary to have permission of the girl's gardener,before or after the marriage, in order for formal marriage to be treated as trueor false? If the answer is negative, what is the meaning of the first part of thisArticle adopted in 1991? Does the marriage of virgin girl that reached thepuberty age require her gardener or her father grandfather’s permission? Tothis end, the necessity of not having the virgin girl’s gardener permission, nomatter before or after marriage, existed in the nature of marriage. The virgingirl gardener’s permission is legally for registering the marriage. Thegardener’s right to end her daughter’s marriage by terminating the marriage ordivorce through her daughter’s request is an approach which is to beconsidered in this article by analysing it as the legislator's view.