12th October: What is the legal position of divorce in a marriage solemnized as per Islam and divorced under Christianity?
Well, that’s exactly the case of an Iranian woman.
And it is becoming a common norm these days.
Temporary second marriage- a valid ground for divorce?—Consider the case of Hagi Hassan Zare’s daughter Aghdas Zare whose Shia Muslim spouse entered into a temporary second marriage with another woman. The case is awaiting its result in the UK Court as to whether a Shia Muslim wife can get divorce from her Shia Muslim spouse on the basis his temporary second marriage.
However, her husband Houshang Jafari-Najafabadi, a Persian, has filed a defense petition stating a traditional Iranian Sharia wedding cannot be dissolved as per Christianity’s monogamy principles. That’s not all. Jafari Najafabadi further claims that her wife’s sole aim is nothing but to get custody of her hubby’s assets.
No jurisdiction to British Court–A point worth mentionable is that the UK Court does not have rights to dissolve any Muslim wedding solemnized under Quran and Iran law. At least, that’s what becomes evident as per Article 972 of Iranian Civil Code. The act states that any ruling or decision by any foreign court cannot affect Iran unless such ruling is according to Iranian legislations.
Conflicting principles of two religions–Quran allows a male to have up to a maximum of four permanent marriages while the number of temporary marriages allowed under Quran are dependent on the affordability of the man.
Polygamy is unlawful in the UK but in Iran, its wholly legal although temporary marriage is not accepted normally in Iran.
So, the fate of a Muslim man, an Iranian national, is in danger due to contradictions of religious values and traditions of two nations.
What should be the solution-?—Now the point is what seems to be a viable solution in this case and many other marriages sharing same fate. Well, it is temporary marriage. At least, that’s what is appears to be as a legal solution for a Muslim man unwilling to force his family to face divorce.
A temporary marriage, such as in the above case, will not be considered as a criminal act of bigamy. So, the need is to allow temporary marriage outside Iran as a special status of acceptance to let a devoted Muslim remain committed to Quran lawfully.