The Temporary Wife: Luca and Valentina's Story: 2 (The Windsors)

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For information on pre-marital relationships and adultery, see the Country Policy and Information Note on Iran: Adulterers. 3.5 Dowry and maintenance rights Another category of child marriage identified by Abhari is based on people in poverty seeking economic gain. These parents send away their daughters very young to the groom’s house in exchange for a bride price, which depends on how beautiful the girl is or how rich the future husband is. There are also groups in Iran who believe girls should marry ideally before puberty.’ [footnote 141] Decision makers must give careful consideration to the relevance and reasonableness of internal relocation taking full account of the individual circumstances of the particular person. According to an Iranian researcher, with an interest in child marriages in Iran, ‘… when courts do step in to end child marriages, there are no happy endings. Often the rest of the village will shun the girl for bringing disgrace to their families. And sometimes families will quietly re-marry their daughters to the same man once the dust has settled.’ [footnote 182] Unlike a temporary marriage, a so-called ‘white marriage’ was, according to an anonymous source cited in a joint report by the Danish Immigration Service and the Danish Refugee Council, published February 2018, deemed as an ‘illicit cohabitation between a man and a woman who are not married’ [footnote 27], though such relationships were said to be common in Tehran and other major cities [footnote 28] [footnote 29].

Human Rights Watch (HRW) noted in June 2020 ‘… girls as young as 13, with permission from their fathers, and boys as young as 15 can marry. Children can also marry at younger ages if a judge authorizes the marriage.’ [footnote 133] The Iran Chamber Society also noted ‘In the past the parents and older members of the family arranged almost all marriages. This is still the case in rural areas and with traditional families. Modern couples however, choose their own mate but their parents’ consent is still very important and is considered by both sides. Even with modern Iranians, after the couple have decided themselves, it is normally the grooms’ parents or other relatives who take the initiative and formally ask for the bride and her family’s consent.’ [footnote 111]The country information in this note has been carefully selected in accordance with the general principles of COI research as set out in the Common EU [European Union] Guidelines for Processing Country of Origin Information (COI), April 2008, and the Austrian Centre for Country of Origin and Asylum Research and Documentation’s (ACCORD), Researching Country Origin Information – Training Manual, 2013. Namely, taking into account the COI’s relevance, reliability, accuracy, balance, currency, transparency and traceability. The average age of marrying in Iran is 24 years for women and 27 years for men. There was a tradition of marrying girls off at a young age in arranged marriages, but most families today do not advocate them. The average age of marriage in Iran has risen considerably in recent decades, and the popularity of arranged and inter-family marriages has decreased. Arranged and inter-family marriages have decreased in the 21st century not just in cities but also in the countryside. Marriages that are arranged completely without the children’s consent are especially unpopular and clearly less common these days.’ [footnote 146] The IHRDC report noted that Article 1133 of the Civil Code was amended in 2002, adding ‘While the old article provided that a man could divorce his wife whenever he wishes without any judicial procedure, the amended article provides: “A man can divorce his wife under the conditions of the current law and by applying to the court”.’ [footnote 55]

The Kurdish population in Iran is not homogeneous. There are several Kurdish tribes in Iran [footnote 119], as well as religious [footnote 120] and language [footnote 121] [footnote 122] differences. Marriage practices are based on tribal traditions and religion so may differ between Kurdish communities. A bill aimed at protecting children and adolescents against violence was passed in June 2020 [footnote 73]. Radio Farda noted the bill defines ‘a child is a person who has not reached the “Sharia age of puberty”, and adolescents are defined as “persons under the age of eighteen” who have reached the “Sharia age of puberty”.’ [footnote 74] Decision makers should also refer to the instruction on Gender issues in the asylum claim and Processing children’s asylum claims. 2.7 Certification Book 7, Section 2 of the Civil Code outlines the provisions relating to dissolution of marriage and states under Article 1120 that ‘Marriage may be dissolved by cancellation, by divorce, or by waiver of the remaining period in the case of a temporary marriage.’ [footnote 50] The Civil Code goes on to describe the circumstances under which a marriage may be dissolved [footnote 51].The CHRI added ‘Figures published in January 2020 by the state-owned Pupils Association News Agency, PANA, show that 17,486 girls between ages of 10 and 14 got married in the first six months of the Iranian year 1397 (March 21, 2018-March 20, 2019) – that was seven percent of all marriages in Iran during that period.’ [footnote 168] Furthermore, ‘… according to the Statistical Center of Iran’s quarterly report for Spring 1399 (March 21, 2020 – June 20, 2020), there were 7,323 marriages registered during this period with girls aged 10 to 14 years, up from 5,968 in the winter and 6,210 in the fall.’ [footnote 169] 6.5 Effects of child marriage Asghari also commented on the legal vacuum that exists regarding minimum age for marriage, subject to the conditions under Article 1041 of the Civil Code: Listing marital duties as prescribed under the Civil Code, the Legal Information Institute (LII) noted: For general information on Kurdish marriage customs, see the Country Policy and Information Note on Iraq: Kurdish ‘honour’ crimes.

Although prepared for the academic year 2000-1, an essay prepared by Sen McGlinn under the supervision of Léon Buskens (lecturer on anthropology and Islamic law at the faculties of Humanities and Law of Leiden University in the Netherlands [footnote 11]), for the paper on ‘Islamic Family Law’ continues to provide relevant information. The essay provided a comprehensive overview of family law in Iran (hereafter, the Family Law in Iran paper) and referred to other schools of Islam: According to the USSD Bureau of Consular Affairs, evidence of a Baha’i marriage appears in the person’s shenasnameh in addition to other documents: It is an extraordinary piece of work, a perfect balancing act with terror on one side and love on the other. This exceptionally well-written novel is about suspense, thrill, and drama, including the relationships between generations and what happens between long-standing friends. The characters are sensitively portrayed, as is their recovery, and the hopeful ending is realistic. Readers of domestic dramas will be enthralled. For those who love gritty, somewhat nasty mysteries with weird, and exotic settings in one of the world’s most famous cities, this thriller mystery will satisfy you. It is perfect for a long plane trip or a rainy weekend. The Temporary Wife by Catharina Maura PDF DetailsFor further guidance on assessing the availability of state protection, see the instruction on Assessing Credibility and Refugee Status and the Country Policy and Information Note on Iran: Actors of Protection. Anyone in public places and roads who openly commits a harām (sinful) act, in addition to the punishment provided for the act, shall be sentenced to two months’ imprisonment or up to 74 lashes; and if they commit an act that is not punishable but violates public prudency, they shall only be sentenced to ten days to two months’ imprisonment or up to 74 lashes. In general, the state is able to provide effective protection to a woman or girl in fear of a forced marriage. However, due to discriminatory laws and practices against women and girls, including legislation that allows child marriage, the state – particularly in rural, more traditional areas – may be unwilling to provide effective protection. Decision makers must consider each case on its facts. The onus is on the person to demonstrate why they would not be able to seek and obtain state protection.