Pathological Analysis of Mut'ah or Temporary Marriage in Iran

Abstract

According to Islamic law and jurisprudence, permanent and temporary marriage are the only forms of marriage recognised in Iran. A form of temporary marriage known as sigha-ye mahramiyat or simply sigheh is commonly practised in traditional parts of society. Temporary marriage, which is often used as a justification for early marriage and can have significant social and psychological consequences, particularly for girls, is not regulated by law and has received little attention. Studies conducted on the topic have largely supported the practice of temporary marriage and have not comprehensively examined its effects on society. This research is the first to examine the historical, religious, legal and social foundations of temporary marriage or sigheh. It comprehensively examines the phenomenon of temporary marriage/sigheh in Tehran, Mashhad and Isfahan in the years 2016 and 2017, using both qualitative and quantitative methods and grounded theory. The research findings indicate that temporary marriage/sigheh is driven by a desire for pleasure and its creation of circumstances that accommodate child marriage. This practice has negative effects, including joblessness, particularly for women, and a negative view of permanent marriage among men. The aim is to objectively and impartially examine the hidden and visible aspects of temporary marriage and sigheh, to provide a clear and accurate understanding of this social phenomenon and provide practical and realistic solutions for policymakers and lawmakers. It is hoped that, based on these solutions, the institution of temporary marriage in Iran will be regulated in a way that respects the rights of women and children and preserves the foundation of the family and the status of permanent marriage.