Judicial approach to “The interest of child” in child marriage

Among the legal provisions that have addressed the issue of child marriage in Iranian law, Article 1041 of the Civil Code is significant. According to this Article, child marriage before reaching the legal age in Iran is provided to the permission of the father (as guardian) and considering the best interest of child as determined by competent court, without providing the precise definition of “The Interest of child”, “legal Guardian” or the accepted reasons for permission given by father. Since the concept of “The interest of child” is subject to various economic, social, cultural and religious factors in Iran, it is possible that courts allow child marriage only because of the custom of that region or only because of physical puberty or simply because of father’s permission. Since, there is different interpretation of the concept of “interest of child” in different courts; therefore, judicial procedure -as one of the important sources of law making in Iran- plays a crucial role to resolve this ambiguity, clarify the meanings and protecting children. This study has been conducted using a qualitative research methodology by interviewing judges, studying and analyzing the cases and examining the context in which the children lives, it evaluates and analyses the reasons that cause judges to allow child marriage. Finally it concludes that allowing child marriage typically doesn’t consider and reflect the interest of children and will cause personal-social and physical- mental damages for them.