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The Last Change on the Family Protection Bill:No Act has been Put Forward for Temporary Marriage

Thursday 26 November 2009, by admin

Feminist School:According to the rapporteur of the legal and judicial commission of the Islamic parliament review of the Bill on Family protection by special committee has ended and the review on this Bill has been passed to legal and judicial commission.

Amin Hussain Rahimi added: The committee has endorsed many changes to the Bill, in the manner that is in conjunction with strengthening the family by preventing divorce, even if a marriage is ended by divorce, the rights of both parties in particular the women would be respected. He went on to say: as this Bill was put forward by the government which brought about much criticism on the issue of multi marriage (bigamy) hence the committee has pointed out new rules or suggestions to prevent bigamy, unless the first wife gives her consent or if the wife has committed a particular offence or violation, for instance if the wife has been sentenced to 5 years or more imprisonment or has left the family, of course in this case the husband has to prove to the court, once proven then he can marry again.
The rapporteur continues: if the wife has not got any of the above mentioned circumstances and the husband tries to marry, then he will be prosecuted and will be imprisoned.

Rahimi was asked: If a husband commits bigamy, is his first marriage void? He replies: this Bill is dealing with procedures rather than essence or nature, and as regards to if the first marriage is void or not I have no idea. The subject has legal and religious issues which we have not entered in to.

The representative of the Malayer stated on the issue of bigamy: The Bill that was put forward by the judiciary and the government, there was no mention of bigamy but the Bill stats that; for bigamy the husband should follow the rulings which will be provided by the government. The legal and judicial committee has stated that they can not refer to the ruling because if it is necessary then a new law has to be ratified, but in the Bill for family protection we will compile a law which treats the family as a the bases of permanent marriage and in Islam our rules are based on permanent marriage, hence in the Bill we are only trying to solidify the family.

The rapporteur of the judicial commission states that: temporary marriage in legal terms is an open issue but has special and limited conditions, therefore individuals do not have permission to temporary marriage without the necessary conditions unless they do it in secret, as a result, because we do not consider temporary marriage part of the family base in the eyes of Islam, therefore we did not see any reason to make legal provisions, even though such provision exists but we can only refer to them in special cases, in any case if a man wants to register his temporary marriage he should observe the rules of the temporary marriage, it is advisable that bigamy can take place with the consent of the wife.

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