TOPIC 6—MARRIAGE
Article 60:
Marriage is a contract which legalizes intercourse between man and woman with the object to establish a family, and it XXXX rights and obligations for both parties.
Article 61:
(1) Marriage contract shall be registered in the official marriage deed by the respective office and shall be prepared in three copies. The original shall be kept with the respective office and the two copies shall be supplied to the concluding parties. After having been registered, the marriage deed shall be brought to the notice of the identification Registration office as provide under Article 46 of this law.
(2) Where the registration of marriage contract is now possible in this way, it shall be effected by other way envisaged for registration of official documents.
Article 62:
Engagement shall be permissible with a woman who is not in the bond of marriage with another nor is she in her divorce period, XXXX.
Article 63:
Extending request of a marriage overtly or covertly, to a divorcee who is passing her divorce period shall be impermissible, and it is impermissible so extend overtly much request to a woman who is passing the death period of her husband.
XXXX is a period, usually three XXXX or until the pregnant delivers her baby after divorce, during which a divorcee is not XXXX by XXXX jurisprudence to XXXX married.
Death XXXX is a period, four XXXX or until the birth of the baby, during which the woman whose husband has died is not permitted to get married to another.
Article 64:
Engagement is a promise for marriage and each of the two XXXX may give it up.
Article 65:
If a betrothed person has given a gift to his fiancé he can demand the return of the same gift or its price at the prevailing rate in the market if the other party gives up the engagement. If the quit comes from the maker of gift or if the gift is destroyed or consumed he can demand the return of the gift whatsoever.
Article 66:
The contract of marriage is concluded in a separate meeting by clear offer and acceptance which would imply immediacy and continuity without limit of time.
Article 67:
Where a marriage is left pending and subject to unrealizable conditions or stipulated to a future time, the contract for such marriage may not be concluded.
Article 68:
Where a marriage is subject to a condition which is against the law or against the objectives of marriage, the contract may be valid but the condition shall be deemed null and void.
Article 69:
Where a person marries two women, each shall be entitled XXXX separate marriage portion.
Article 70:
Marriage shall not be considered adequate until the male XXXX the age of 18 and the female the age of 16.
Article 71:
(1) Where the girl does not complete the age provided under Article 70 of this law, the marriage may be concluded only through her father or the competent court.
(2) The marriage of a minor girl whose age is less then 15 shall never be permissible.
Article 72:
(1) Employing a procurator for a marriage contract shall be permissible.
(2) The procurator cannot enter into marriage with his principal except that it is described in the procuration deed.
Article 73:
In a marriage contract the procurator cannot employ another person as his deputy without the delegation of XXXX and permission by the principal.
Article 74:
XXXX procurator shall not act out of the scope of his procuration. Any act committed outside of his jurisdiction shall be deemed as meddlesome and shall be subject
to the permission of his principal.
Article 75:
The procurator of deputy shall not be bound to hand over the bride to the groom and to get the marriage portion paid unless he has guaranteed against the payment of marriage portion. In this case the procurator cannot demand the paid marriage portion from the husband except that the guarantee by the procurator has been made with the permission of the husband.
Article 76:
Where the two parties to the marriage contract are legally under the guardianship of one person, the guardian on behalf of the two parties can make offer and acceptance provided the conditions of the marriage contract are observed.
Article 77:
For the proper contract of marriage the observance of the following terms are required:
1 – Offer and acceptance should be affected correctly by the parties to the contract or by their guardians or deputies.
2 – Presence of two witnesses
3 – Non-existence of permanent of temporary legal prohibition between the man and the woman who resolve to get marry.
Article 79 [78?]:
The judge is the guardian of persons having no guardians.
Article 79:
The judge may not marry the one who is placed under his guardianship according to article 79 not he is permitted to get her married to one of his ancestors of descendants.
Article 80:
When a wise girl attaining her majority age marries, her marriage shall be binding.
Article 81:
Marriage of a person to ancestors and his own descendants, or the descendents of father and mother and the first layer of descendants of forefathers is completely prohibited.
Article 82:
The marriage of a person to the widow of one of his ancestor and to the widow of his descendants shall be permanently prohibited. Similarly, the marriage of a person to XXXX of his wife is absolutely forbidden and to the descendants of his wife is permanently prohibited.
Article 83:
The marriage of an adulterer to the progenitress and descendants of adulteress and similarly the marriage
of an adulteress to the ancestors and descendants of adulterer is prohibited. The marriage of ancestors and descendants of adulteress to the ancestors and descendants of adulterer is an exception.
Article 84:
Prohibition of marriage between fosters are the same as between the persons of parental relationship except the following:
1 – The sister of a foster son.
2 – The mother of a foster sister or foster brother.
3 – The grandmother of a foster son or foster daughter.
4 – The sister of a foster brother.
Article 85:
Temporary prohibition of marriage shall be affected in the following cases:
1 – Two women when one is presumed a man.
2 – Three-time divorcee until she gets married to another person.
3 – Married woman or woman who is in her divorce period.
4 – Woman who has been accused of cursing until he refuses the accusation.
5 – Woman who is neither Muslim, Jew, nor Christian (disbeliever of divine books).
Article 86:
Polygamy can take place after the following conditions are fulfilled:
1 – When there is no fear of injustice between the wives
2 – When the person has financial sufficiency to sustain the wives. That is, when he can provide food, clothes, suitable house, and medical treatment.
3 – When there is legal expediency, that is when the first wife is childless or when she suffers from diseases which are hard to be treated.
Article 87:
The woman whose husband has married contrary to the provisions of Article 86 of this law can demand divorce from the court in accordance with the provisions of Article 183 of this law on the grounds of separation caused by damage or loss.
Article 88:
During the conclusion of marriage the woman can make the marriage subject to a condition that if her spouse would marry another woman contrary to the provisions of Article (86) of this law, she would be authorized to get her divorce. This condition shall be valid when it is written down in the marriage deed.
Article 89:
During marriage when a person conceals his XXXX marriage to more than one wife according to the provisions of Article 86 of this law, and when he has not secured the clear consent and agreement of the woman on the matter, the newly married wife, in case she would not agree to continue living with the husband, can demand divorce from the court in accordance with the provisions of Article 183 of this law.