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The Effects of Marriage Without the consent of the Guardian and the Court on Children in Iran and Iraq and Afghanistan
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Samaneh sadat Ghasemi1   , Leila Javanmard1 |
| 1- daneshgah lorestan |
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Abstract: (18 Views) |
Abstract
Marriage is a special bond where a woman and a man become recognized as each other's legal partners, taking on mutual rights and responsibilities. However, the implications of entering into a marriage without the consent of a guardian and the approval of a court can lead to significant issues, especially concerning the children born from such :union:s. These legal consequences remain somewhat unclear and complicated. In this article, we'll take a close look at the situation of children born from marriages deemed void in Iranian law, while also comparing it with the legal framework in Iraq. This analysis will be based on library research. In Iran and Afghanistan, marrying without the required permissions can negatively affect these children. On the other hand, Iraqi law allows girls over 18 to marry without needing consent from a guardian. In the Iranian context, children from these marriages are classified as natural children. According to a key legal ruling, they enjoy certain rights apart from inheritance, testimony, and judicial capacity, yet they might face challenges in proving their status due to the lack of marriage registration.To begin, we will discuss the legal standing of marriage without guardian and court consent in both Iran and Iraq. Following that, we will explore the financial and non-financial consequences this situation can have on the children involved |
Article number: 1 |
| Keywords: permission, marriage, children, guardian, sexual intercourse by mistake. |
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Full-Text [DOCX 89 kb]
(8 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/10/26 | Accepted: 2025/10/31 | Published: 2025/11/3
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