The Nature and the Enforcement of Father's Permission on Children's Marriage

Since the ratification of Article 1041 of the civil code in 1313 (1934 AD) the legal age of marriage and the status of child marriage in Iranian law, has had it ups and downs. Closing the gap between the legal age of marriage to that of natural (physical) and mental maturity in 1313(1934), legal restrictions of marriage of youth between 18 and 20 years of age in the Family Support Act, enacted in 1353, and the approval of the guardian of the marriage of a discriminative and indiscriminative minor in Article 1041, amended in 1361 (1982) and 1371 (1992), all indicate that the legislator is up against two powers; traditions and needs. The approval of Article 1041of the civil code, amended in 1381 in the Expediency Council, raises questions in regards to the reinstatement of, or the invalidation of the guardianship in marriage. This paper, by pursuing the two mutual reasons, shows a prudential tendency to the second point of view, an opinion which is consistent with legal principles and the family’s interest. In addition, it clarifies the sanction of permission of the guardian and the authority of the court.