A critical evaluation of marriage registration laws

The history of obligatory marriage registration law in Iran goes back to 1931. According to the Iranian legislation before the Islamic Revolution, not registering any type of marriage was considered a crime both for the couples and the one who performed the marriage contraction. Now, article 645 of Islamic Penal Law considers it a crime only for the couples. In addition, the Family Support Bill stipulates that registration of a man’s second marriage is subject to the payment of alimony to his first wife, considering the registration of such temporary marriage not obligatory and leaving the formalities to a rule book. However, it seems that making the registration of a temporary marriage obligatory, considering the acts of all involved in an unregistered marriage as crime, and strictly presiding over temporary marriage can help decrease the harms done by temporary marriage. This paper studies the goals, consequences, and formalities of marriage registration, the legal vacuums concerning the registration of temporary or constant marriage in present law or in the Family Support Bill. Suggestions to revise article 645 of Islamic Penal Law are presented at the end.