An Iranian Woman Marrying a Foreign Man, and Vice Versa
2024-09-21
Editorial note: This article cites specific statutory provisions (Articles 1060 and 1061 of the Civil Code, Article 17 of the 1937 Marriage Act, and Article 645 of the Islamic Penal Code) and a criminal penalty range; this article should be reviewed by a member of our legal team before publication.
Special Government Permission for the Marriage of an Iranian Woman to a Foreign Man
There is no doubt that a Muslim Iranian woman cannot marry a non-Muslim foreign man, and a marriage is valid and effective only where it has no legal impediment. Article 1060 of the Civil Code makes the marriage of an Iranian woman to a foreign national, even where there is no legal impediment, conditional on special government permission. Accordingly, even where the marriage of an Iranian woman to a foreign man faces no impediment in terms of religion, kinship, or similar matters, it nevertheless remains conditional on the permission of the Iranian government.
Regarding the rationale for requiring government permission, it has been said that this permission is a regulatory or administrative requirement of the state and has a political dimension, since an Iranian woman, after marrying a foreigner, may lose her own nationality and have her husband's nationality imposed on her. In addition, this permission exists to protect the woman, since the legislature uses it to require her to exercise greater care and deliberation before marrying a foreign national.
Formalities for Issuing the Permission
An Iranian woman who wishes to marry a foreign man must, within the country, apply to the Ministry of Interior -- that is, the provincial governorates and county governorates -- and, outside the country, to certain political and consular representatives authorized by the Ministry of Foreign Affairs, and submit a request for the issuance of a marriage permit (license). This request must be signed by both the woman and the man and must be accompanied by the following certificates:
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A certificate from the official authority of the man's country of nationality confirming that there is no impediment to his marrying an Iranian woman and that the marriage will be recognized in his country of nationality.
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Where the man is non-Muslim and the woman is Muslim, a certificate or sworn testimony of the man's conversion to Islam (Article 2).
At the woman's request, the Ministry of Interior will also request the following documents from the man: a certificate, from the official local authority or political agents of his country of nationality, stating whether he is single or married; a certificate of having no prior criminal record or conviction; a certificate of his financial means and solvency; and a registered undertaking from the foreign man committing that, in the event of mistreatment or divorce, he will pay the wife's and children's expenses and maintenance and any other right the wife may acquire against him (Article 3).
In cases the Ministry of Interior deems appropriate, it may also require suitable security from the man to ensure the proper performance of the duties imposed on the husband under Iranian regulations.
Consequences of Marrying Without Permission
Some scholars have held that the consequence of violating Article 1060 of the Civil Code of the Islamic Republic of Iran is that the marriage is ineffective (not binding). However, as far as can be determined from the writings of legal commentators, most commentators on the Civil Code have held that a marriage entered into without government permission is nonetheless valid. Some have said that the only consequence of violating this article's requirement is that marriage registries are barred from registering the marriage. Some scholars have also, relying on Article 17 of the Marriage Act adopted in 1937 (1316 SH), held that a criminal penalty applies to the violator. The Judiciary's Legal Affairs Office, in an advisory opinion, confirmed this latter view. Part of that opinion states: "...the failure to obtain permission for the foreign-national spouse has no bearing on the matter, and the marriage in question must be registered. In this regard, the court may, in order to examine and confirm that the marriage took place validly and in accordance with Sharia, order its registration. It is self-evident that the issuance of this order does not bar the prosecution of the foreign spouse under the final clause of Article 17 of the Marriage Act adopted in Mordad 1310 (August 1931)."
In addition, because such a marriage cannot be registered, the matter also falls under Article 645 of the Islamic Penal Code adopted in 1996 (1375 SH), which prescribes a ta'zir term of imprisonment of up to one year for failure to register a marriage.
The Marriage of an Iranian Man to a Foreign Woman
The marriage of an Iranian man to a foreign woman is, in principle, permitted in cases where there is no legal impediment: "The government may make the marriage of certain government employees, officials, and government students to a woman of foreign nationality conditional on special permission" (Article 1061 of the Civil Code). Marriage here includes both permanent marriage and temporary marriage (mota). Accordingly, persons who are required by law to obtain permission may not enter into a temporary marriage without that permission either, since the legislature's purpose is to oversee such marriages so that they do not affect the country's public dignity and policy, and so that no act contrary to the country's interests takes place.
Source: Comparative Study of Family Law, by Dr. Abolqasem Gorji, Safai, and Araqi.