فصلنامه خانواده پژوهی (Sep 2016)
The Responsibility of a Husband Causing Fistula in His Minor Wife: Conflicting Provisions of the Law?
Abstract
Premature marriage has the potential of harming children. As such, recent laws have provided sanctions against this type of marriage to protect children’s rights and well-being. This practice is praiseworthy in itself. According to Islamic narratives, the age of majority for marriage is 9 full lunar years for girls. However, the Iranian Legislature has specified this age to be 13 full solar years. Article 50 of the Family Protection Law passed in 2011 has specified blood-money and imprisonment for a husband in case of any physical harm to his under-age wife due to coitus, in cases where the marriage is without the consent of a guardian or court order. However, after a short duration of time, the Legislature enacted the Islamic Penal Code in 2012. This latter law entitles the under-age wife who suffers fistula- a clear example of the physical harm provision of the Family Protection Law- to receive alimony until the death of either spouse, in addition to the aforementioned diyya and dowry. By analytically comparing these laws, it is clear that the provisions of the Family Protection Law on fistula is still in effect and has not been superseded by the Islamic Penal Code. This study defines and delineates the responsibility of a husband in these types of marriages and seeks to promote and protect children’s rights by analyzing the relevant provisions of the said laws.
