The Temporary Wife: Luca and Valentina's Story: 2 (The Windsors)

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Shahla Haeri noted in her 2014 book on temporary marriage in Iran that ‘Ideologically, the Shi’i doctrine distinguishes temporary marriage from permanent marriage in that the objective of mutʿah is sexual enjoyment whereas that of nikah is procreation. This fundamental, conceptual, and legal distinction is embedded in Shi’i assumptions concerning the natural differences between men and women.’ [footnote 23]

The report added that Iran’s ‘construction of gender roles and the patriarchal control of women have produced a [legal] framework that demands women’s obedience to their husbands and has its roots in the idea of male superiority and female inferiority. It clearly insists on roles and expectations based on gender stereotypes, and results in the economic, social and political predominance of men and dependency of women.’ [footnote 89] The IHRDC noted, however, that, ‘… legal inequalities do not solely originate from deficiencies in laws, but also from social customs and traditions that retain the bias of pre-modern and patriarchal social systems.’ [footnote 90] For further information on honour crimes, see the Country Policy and Information Note on Iran: Women - honour-based violence. Commenting in December 2020 on the draft bill aimed at protecting women, HRW noted that, despite having some positive provisions, the bill ‘… does not criminalize some forms of gender-based violence, such as marital rape and child marriage.’ [footnote 79] The EJIMEL report considered that temporary marriage was ‘…sometimes used to legitimize early marriage with the approval of the parents.’ [footnote 31] Support in the form of social emergency centres, health and safe houses exist although these places are poorly resourced, are not present throughout the whole country, are rare in rural areas and tend to focus on reconciliation. Given that some women require the permission of a male guardian to leave the home alone, access to such services may be limited (see Support services and Cultural and societal attitudes towards women).

Arranged marriages, that is marriages that are organised – sometimes when children are very young – between families, are less popular amongst families with greater economic prosperity and a higher level of education, who tend to live in large urban areas. A woman who refuses an arranged marriage may be at risk of an ‘honour’ crime. Such crimes tend to occur in more traditional and rural areas (see Reasons for child marriage, Prevalence of child marriage and Consequences of refusal to marry). For an assessment of risk and further information on risk of ‘honour’ crimes, see the Country Policy and Information Note on Iran: Women – honour-based violence. As noted in the Danish Immigration Service report of 2018, a source at a Western Embassy ‘… did not assume that a woman would seek protection from the authorities if she has a problem with her family regarding her marriage, as the authorities are considered to be less sympathetic to young women who have run away.’ [footnote 187] A 2019 report published in the Electronic Journal of Islamic and Middle Eastern Law (EJIMEL) stated: In 2016, the Los Angeles (LA) Times reported ‘More than 3 million educated Iranian women over 30 are unmarried, according to Mizan, the official news agency of Iran’s judiciary. Their numbers are increasing as divorce becomes more common and more women attend universities, exposing them to careers and incomes independent of men who, by law and custom, are supposed to be their guardians.’ [footnote 98]

The Temporary Wife is a modern masterpiece, a powerful novel that can be read independently. This novel is written by Catharina Maura. She is a true storyteller, and The Temporary Wife is her best book. It is an epic tale of family, secrets, loss, marriage, betrayal, friendships, laughter, and regrets. The Temporary Wife is a heartfelt novel written with compassion and hope, reconciling the past to pave a road to happiness and second chances. The characters in this novel bring life and heart to this story, each with a distinct voice and personality. They made readers love them, they made readers sad, they made readers angry, they made readers laugh, they made readers cry, and they made readers believe in the promise of love and homeAccording to the figures in the above table, there were 4,507,829 marriages in total registered between 2012 and 2018, and the total number of girl-child (aged under 15) marriages was 234,438 (approximately 5% of all marriages). Other provinces where child marriages were said to be prevalent included Hamadan [footnote 150], and East Azerbaijan [footnote 151]. This determination does not follow a uniform procedure. Some judges apply a high level of scrutiny, considering two aspects of the interests of the child: a negative one requiring the marriage not to be harmful to the child; and a positive one requiring the marriage to be beneficial for the child. A temporary marriage does not require a divorce as it ‘automatically expires after the pre-defined period of marriage has passed.’ [footnote 63] However, according to the Iranian Civil Code, any remaining period of a temporary marriage may be waived [footnote 64]. Divorces, whether permanent or revocable, must be registered with the relevant authorities [footnote 65] [footnote 66]. The 2013 IHRDC report referred to restrictions to the right to marry in relation to the religion of spouses:

As noted in the Family Law in Iran paper, a wife is entitled to receive a dowry and maintenance from her husband, regardless of her own wealth [footnote 44]. The paper provided a detailed definition of dowry, which it described as ‘a sum which the husband pays or obliges himself to pay to the wife (not to her family), by virtue of having sexual relations.’ [footnote 45] Decision makers must, however, still consider all claims on an individual basis, taking into account each case’s specific facts. Country of origin information A February 2020 report on access to justice for victims of sexual violence by the IHRDC found that ‘Sexual abuse of children is not specifically criminalized under Iranian law’ and that ‘… if a person under the age of 18 is found to be mentally mature by a court, he or she could be considered capable of giving consent. Accordingly, such a person could be held criminally liable for sexual relations outside of marriage. Execution of minors for sexual crimes is not unprecedented.’ [footnote 194]

The Temporary Wife/A Promise of Spring

According to most Shi’i scholars, a girl is eligible to marry at eight years and nine months and a boy at fourteen years and seven months, when they are supposed to have reached puberty and can reproduce. Despite this, there are some Shi’i mujtahid who oppose the majority Shi’i ruling on the age of marriage and advocate for eliminating child marriage because of the harm it causes to the child’s life as well as to the religion. While after the Islamic Revolution in Iran, the minimum age of marriage was dropped to the age approved by shari’a law (nine and fifteen), in August 2003, and under pressure from the female members of the Iranian parliament, the age of marriage was raised to thirteen for girls; however, a clause was added stating that earlier marriage is allowed if the girl’s guardian and an Islamic court approve the girl’s readiness for marriage. This clause has in fact made the application of the law regarding the minimum age of marriage arbitrary.’ [footnote 132] Early marriage in Iran leaves girls vulnerable to domestic abuse. About 47 per cent of girls interviewed in the Imam Ali report had a history of bruises, 21 per cent had physical lesions, 53 per cent had experienced broken bones and 3 per cent suffered permanent physical damage. According to a 2016 report by researcher Kameel Ahmady, 21 per cent of married girls surveyed by the organization reported being forced to have sexual relations with their husbands. Few had raised any objection to the forced sexual activity, believing it was part of their marital duties. The country information in this note has been carefully selected in accordance with the general principles of COI research as set out in the Common EU [European Union] Guidelines for Processing Country of Origin Information (COI), April 2008, and the Austrian Centre for Country of Origin and Asylum Research and Documentation’s (ACCORD), Researching Country Origin Information – Training Manual, 2013. Namely, taking into account the COI’s relevance, reliability, accuracy, balance, currency, transparency and traceability. If the mother remarries before the child reaches the age of 7, custody will devolve to the father [footnote 68]. Even if the mother maintains custody of the child, the IHRDC report noted that, ‘… the child’s paternal grandfather will be his/her natural guardian [who] maintains decision-making control over crucial matters where the consent of the guardian is required, including the permission to obtain a passport and leave the country, undergo a surgery, the permission for marriage of virgin girls, decisions regarding financial issues such as ownership and disposal of the children’s property, and other issues.’ [footnote 69] The USSD IRF Report 2019 noted ‘The government does not recognize Baha’i marriages or divorces but allows a civil attestation of marriage. The attestation serves as a marriage certificate and allows for basic recognition of the union but does not offer legal protections in marital disputes.’ [footnote 86]