Marriage child from the perspective of Iranian law and international law

Wife child painful story these days
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Marriage in jurisprudence
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Marriage or marriage is the creation of a bond between a girl and a boy to start a life together, which is done with the form of marriage.
The practice of marriage in Islam is a mustahab practice that has become obligatory in many cases and is considered the tradition of the Prophet and is considered one of the most important and most recommended cases in Islam.

Age of marriage in Islamic jurisprudence
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In general, in Islamic jurisprudence, there is no specific age for marriage, and in the verses, God has used words such as maturity, maturity, marriage, and extreme maturity. Having in marriage is the ability to sleep together and produce offspring.
But by examining the narrations, we will come to the conclusion that different ages have been determined by different criteria for marriage, which are:
The lunar age of 9 for girls due to physical maturity and the age of 13 due to menstruation, but in general, Shiite jurists, based on the authentic narrations of Al-Sind, agree on the age of 9 as the age of marriage for girls.
In general, the criterion of marriage age from the perspective of jurisprudence is physical and sexual maturity, and on the other hand, the age of puberty for boys has been stated based on the narrations of 15 lunar years.

Marriage according to the civil law of the country
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Pursuant to Article 1062 of the Civil Code of the Islamic Republic of Iran, marriage or marriage requires the acceptance and acceptance of an explicit statement which explicitly indicates the intention to marry, which may be performed by the man or woman himself or by persons legally entitled to marry, and Also, the consent of the couple is a condition for the validity of the contract.
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Age of marriage from the point of view of civil law
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According to Article 1041 of the Civil Code of Iran, the marriage of a girl before reaching the age of 13 and a boy before reaching the age of 15 is subject to permission, but with the condition of expediency and with the discretion of a competent court.
On the other hand, Note 1 of Article 1210 of the Civil Code sets the age of puberty for a boy of 15 lunar years and for a girl of 9 lunar years.
Also, according to Article 23 of the Family Protection Law, marriage of a girl before reaching the age of 18 and a boy before reaching the age of 20 is prohibited, but in cases where the material requires, except in the case of a girl under the age of 15 Exemption from the age requirement may be granted upon the proposal of the prosecutor and the approval of the city court.

Note: This law was amended by the Islamic Consultative Assembly on 12/01/2012 and this article was deleted.
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Based on the provisions mentioned above, considering that the Family Protection Law (Special Law) approved on 1353/10/15 has been deleted, the amendment of Article 1210 of the Civil Code (General Law) approved on 1370/08/14  in the judicial procedure regarding The age of marriage is the criterion for action.

The age of marriage from the perspective of the international arena
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The Convention on the Rights of the Child was adopted by UNSCR 25/44 on November 20, 1989, and was ratified by many countries other than the United States.
Iran also became a member of the United Nations on October 24, 1945.

Reasons for child marriage
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Problems caused by the child of the spouse is a great pain that can be put into words, what is the justification for the marriage of a child of about 10 years old? Isn’t this the same as sexual violence? Isn’t this a violation of the inalienable rights of the child?
In general, the reasons for the child of the spouse can not be considered merely economic issues or religious prejudices, but in addition to these cases, reasons such as cultural poverty play a very important role in the realization of the child of the spouse.
Saideh is a 12-year-old widow who lives in a village in Torbat-e Heydariyeh, Khorasan Razavi. At this age, it is considered a kind of disgrace for the girls of this village and causes her shame.

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Married child - Ali Mohsenzadeh Law Office
Married child – Ali Mohsenzadeh Law Office

Saeedeh is the victim of a marriage, the main reason of which can be considered as cultural poverty and at the same time financial poverty. As she says in her speeches, her husband was from a village near her place of residence, who They choose to marry her and because of the financial problems that her family was involved in, the marriage was agreed upon and it was decided that Saeedeh would go to her 42-year-old wife’s house without dowry, even in the meantime, her marriage loan to help with financial problems. His family was handed over to his father.
This is one of the thousands of sad stories that are happening in society these days that cause problems that affect all aspects of the child’s life from the individual to the social level, which are:
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Violence against spouse
Population growth in poor areas of society
In many cases, deprivation of education
Too much age gap with spouse and lack of mutual understanding
Mental problems and suicide
Lack of parenting skills
Working child
Sexual violence
Increased preterm delivery
High stress for early pregnancy
Increased sexually transmitted diseases
Premature puberty
Lack of sufficient information about housekeeping, sexual health, reproductive health
And ……….
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If we want to name these problems, it may not be possible to write anymore, from a father who sells his daughter for financial reasons or a person who refuses to marry his child due to false religious prejudices, regardless of the negative consequences of marriage.

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But in general, the following can be mentioned as the main reasons for the child of the spouse :
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Adherence to traditional beliefs
Parental addiction
Reducing the economic burden on the family
Financial benefits from sources such as lions, dowry, marriage loans
And ……

Spouse child from the perspective of an international expert
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According to Erickson’s theory of psychosocial development, each person’s personality develops in 8 stages from the time of embryo formation to death, which is related to adolescence and beyond from stage 5 onwards.
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Married child - Ali Mohsenzadeh Law Office
Married child – Ali Mohsenzadeh Law Office

The fifth stage is the period in which the child discovers his independence, in other words, feels himself, and the sixth stage discusses the early stages of adulthood, that is, when people discover their personal relationships, which with the realization of the child of this spouse. The stages of human development are overshadowed by this marriage and cause the person to suffer from personality and mental disorders.
In general, according to this theory, if any stage of human development is incomplete, it overshadows the next stage and causes mental disorders in the person.

Statistics of child marriage in Iran
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According to statistics published in 1394, more than 5% of women married this year were less than 15 years old, ie 28,242 people were married before reaching the age of 15.
Also, according to official statistics, 37,430 Iranian girls got married in 1995 when they were only 10 years old.
In this regard, the marriage rate of children between 10 and 15 in 1397 was about 43 thousand people and 17% of marriages this year were related to girls under 18 years.
However, according to the report of the social and cultural situation of Iran, in the spring of 1399 alone, about 7,000 marriages of girls aged 10 to 14 and one marriage of a child under 10 years of age have been registered.
According to these statistics, in the spring of this year, 346 babies were born to mothers under 15 years of age.
A quick look at the statistics provided in recent years, we can easily see that despite the progress of the international community at the cultural level, in third world countries, including Iran, this issue is increasing day by day.

Statistics of child marriage in the international community
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According to UNICEF, in 2018, 12 million girls under the age of 18 are victims of child marriage every year, and this statistic means that 23 marriages per minute… ..
The countries with the highest child marriage rates are Nigeria with 76 percent, the Central African Republic with 68 percent, Chad with 67 percent, Bangladesh with 59 percent and India with 47 percent of all marriages, according to the report. In these countries.
Countries with high child marriage rates are usually countries with many economic and social problems.

Marriage child divorce statistics
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Spousal child is a shocking word in itself, but it becomes even more troubling when young children, sometimes with one or more children, taste the widowhood of the same child, in a society where widowhood itself is scary. .
The presented statistics show a high number of divorces among children, so that social researchers by stating that 17% of marriages are related to girls under 18 years of age, which was registered between 1390 and 1394, and of this number about 95,000 divorces under the age of 19 have been registered, which indicates the instability of marriage at this age.
The Deputy Minister of Social Welfare of East Azerbaijan stated that marriages involving boys under the age of 18 in this province were 1266 and the number of divorces registered in 1397 in this province was 9814, of which 1343 were girls under 18 .

Harmful effects of Spouse child
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The child of a spouse is appointed as a kind of child abuse that is cruel not only in Iranian society but also in all societies of the world, both traditional and advanced, and in order to eliminate it, all societies must take steps to achieve this goal and consider conditions that Eradicate the act of oppression.
Beyond all political and cultural debates, and regardless of any thought or belief, humanity does not accept to separate a child from its childish world and order him to marry. Which human belief can accept the existence of 10, 12 or 14 year old mothers when the child needs to spend his childhood days to reach the ideal conditions for a girl to get married?
Hadi Shariati, a board member of the Association for the Protection of Children’s Rights, states that child marriage leads to an immature society and has negative consequences, including an increase in divorce, domestic violence, depression, and so on.
The consequences of child marriage for the child and society are many and can not be justified in any way, these consequences include mental, physical and social harms.

Mental injuries include the following:
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With such a marriage, the child is somehow separated from his childhood and disconnected from family and friends, and on the other hand, the responsibility of life is further caused and his activity is limited to housework and childbearing, but this leads to Depression and anxiety occur in him. Also, children often prefer to run away from home, commit suicide, or kill their husbands because they do not tolerate unequal treatment with their peers and are unable to solve problems. And Go are facing is evident.

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Other obvious problems include the problems of not continuing education and training:
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Education plays a pivotal role in the growth and promotion of children’s insight and awareness, but unfortunately, the phenomenon of early marriage is a common and effective factor in deprivation of education. Undoubtedly, good education contributes to the growth of knowledge and skills, the ability to have confidence and decision-making power, the enjoyment of positive and healthy communication, and finally a conscious choice about health and well-being in life. Research shows that mothers who get married early pay less attention to their children’s education because they know less about the benefits of education.

Given the cases that are just a drop in the ocean of the problems of the spouse child, a correct and decisive solution must be provided in this regard in order to prevent these problems, and for the founders of this matter, a strong executive guarantee should be considered to gradually eradicate this problem. To be.
According to Iranian civil law, marriage of girls under 13 and boys under 15 is possible with the permission of the guardian and expediency by the court.
On the other hand, according to the Family Protection Law approved in 1974, the marriage of children under 18 years of age was banned, which in disbelief was not only not enforced in the judiciary, but in 2012, with the amendment of the Family Protection Law, this case was removed from the law.
One of the main problems regarding the child of the spouse is the lack of a correct law and a more serious problem is the lack of proper implementation of the law, so that an illegal act may be easily implemented in a practical procedure. Therefore, it seems that in order to solve this problem, the law should be amended and, consequently, the amendment law should be fully implemented and a strong and decisive executive guarantee should be determined for the violators of the law, so that we no longer see such an issue, which requires unconditional cooperation. All the forces of the country.

23 December 2020
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