Comparing Rights of the Married Couples in Permanent and Temporary Marriage Contract

Somayeh Sayar, Javad Niknezhad
2017 JOURNAL OF LAW AND JUSTICE STUDIES   unpublished
Marriage that is a contract that is distinguished from other contracts and transactions, due to its features, because of the spiritual and philosophy aspects of this contract, it cannot be mixed with the material taints; accordingly, the contract must be examined by considering its special characteristic. Unfortunately today, the marriage contract has been contaminated with material things and some families have fallen away from the spiritual and philosophy aspect of marriage, but in fact, it
more » ... st be said that in this contract, material issues and obligations are incidental aspects and basic philosophy of marriage contract is its spiritual aspect or in other words, its religious and worship aspects and the observed principles in swap transactions are not included in the contract. Marriage is a legal relationship that is created by marriage between a man and a woman and gives them the right to take sexual advantage of each other. Iranian Civil Code recognizes two types of marriage: permanent and temporary, which each marriage has different legal status and various conditions and provisions and are liquidated by their own requirements. The permanent marriage is a legal relationship that is created by marriage between a woman and a man forever that gives them right to take sexual advantage of each other and it is called permanent marriage due to its permanent nature. Despite this, in temporary marriage, individuals create a marital relationship for a certain period and therefore, it is called interim or temporary marriage. In many ways, temporary marriage is like as permanent marriage. Conditions and obstacles of temporary marriage is the same as in permanent marriage, except as will be explained in the following. Its consequences are basically as same as permanent marriage, except for alimony and inheritance, especially there is no difference in terms of children in permanent and temporary marriage and the born child by the marriage has rights as same as the born one in permanent marriage. In this descriptive-analytical-critical research, we seek to express various legal and jurisprudence views as well as the Koran and narrative documentaries on this issue.
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