Legal Status of the Marriage of a Virgin Mature Girl without the Guardian’s Permission in the Law of Iran and Imamiyeh Jurisprudence

Niknejad, Javad; Faraghi, Naser

doi:10.22106/jlj.2025.2054397.6227

Legal Status of the Marriage of a Virgin Mature Girl without the Guardian’s Permission in the Law of Iran and Imamiyeh Jurisprudence

Document Type : Research/Original/Regular Article

Authors

javad niknejad ¹

Naser Faraghi ²

¹ Departamant of law

² Department of law

10.22106/jlj.2025.2054397.6227

Abstract

Regarding the necessity of the father’s and paternal grandfather’s permission for the marriage of a mature virgin girl, Imamiyeh jurisprudence presents seven distinct viewpoints and Article 1043 of the Civil Code, by adopting one of these theories, has made the marriage of a virgin girl contingent upon the permission of the father or paternal grandfather. The central legal issue pertains to the legal sanctions of the marriage of a virgin girl contracted without the natural guardian's permission. In this regard, theories of Nullity, Validity, and Non-effectiveness have been proposed. Proponents of the validity theory contend that marriage without the guardian's consent is subject to a mandatory legal sanctions. In judicial practice, the prevailing view is the non-effectiveness of the marriage of a mature virgin girl without the guardian's permission, whereby the guardian may petition the court for the annulment of the marriage.
This research, which adopts a descriptive-analytical method and relies on library-based sources, by reconciling the rights of the parties and considering the adverse consequences of declaring the contract void, concludes that the marriage of a virgin girl without the guardian’s permission, which faces an impediment to the continuation of the contract, is valid and subject to the approval of the father and the paternal grandfather. In the event of refusal of permission, the marriage is dissolved as of the date of refusal; and if the impediment is removed, such as by the death of the father or paternal grandfather before granting or refusing permission, the marriage contract continues its legal validity.

Keywords

Dissolution of Marriage Contract

Virgin

Validity of Marriage Contract

The Conditional Validity of the Marriage Contract

Subjects