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2007 Lawasia J. 239 (2007)
Scrutinising the Legal Aspects of Polygamy in Iran

handle is hein.journals/lawasiaj8 and id is 247 raw text is: THE LEGAL ASPECTS OF POLYGAMY IN IRAN SCRUTINISING THE LEGAL ASPECTS OF POLYGAMY IN IRAN Ahad Gholizadeh Manghutay* The first step for taking an appropriate attitude towards polygamy in Iran is to know the legal bases of such an establishment. This is because it is impossible to reach an accurate conclusion without first fully understanding the information and background available on the matter. 1 INTRODUCTION - LEGITIMACY OF POLYGAMY Undoubtedly, Iranian law has accepted polygamy. The Iranian Civil Code 1928-34, has no express provision on the validity of polygamy, but polygamy has been implicitly accepted as valid and legal within many of its Articles, such as the Articles on heritage portions,' impediments to marriage,2 and status registration.3 But, a woman having more than one husband contemporaneously is strictly prohibited and doing so can lead to 'zina' (adultery) and result in the death penalty (by stoning).4 Polygamy, but not polyandry, is permitted in Islamic culture. In other words, Shari'a sanctions polygamy only for men.5 Assistant Professor at the University of Isfahan and Attorney at Law. I Iranian Civil Code 1928-34, art 942: 'If there be more than one wife, the forth or eighth part, which belongs to the wife, will be divided equally among them.'; art 900: 'Two categories of heirs are entitled to take one-quarter of the estate as their share: 1. The husband, if the woman dies having children, 2. The wife or wives, provided that the husband has died without offspring'; art 901: 'A share of one-eighth belongs to the wife or wives, provided the husband has died having children.' 2 Iranian Civil Code 1928-34, art 1048: 'Marrying of two sisters at one time by one man is forbidden even if the marriage of each one of them is of temporary nature'; art 1049: 'No one can marry the daughter of his brother-in-law or the daughter of his sister-in-law unless his wife permits him to do so.' Status Registration Act 1976, art 33: 'In ... the identity card of man or woman the last marriage and divorce or waiving the remainder of period (of a temporary marriage) and in case of plurality of wives, that number, which are still authentic, will be reflected.' Iranian Civil Code 1928-1934, art 1050: Every person who marries a woman knowing of the existence of marriage ties binding the wife and of the prohibition of his own marriage with that woman, or who marries a woman who has not yet passed the period of 'iddah' of divorce or of death, with knowledge of the existence of the 'iddah' and the prohibition of the marriage, his marriage will be null and void and the woman in question will definitely and permanently be prohibited of becoming the wife of that man. To define 'iddah', art 1150 provides that iddah consists of a period during which a woman whose matrimonial bonds have been dissolved cannot marry.' In other words, with reference to other related regulations, women who have not reached menopause must wait for up to three months between each marriage. Daniel Pipes and Khalid Durdn, Muslims in the West: Can Conflict Be Averted9 (2003). Family Law

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