https://orcid.org/0000-0003-3655-1966
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ABSTRACT
In Iran, White Marriage refers to a couple's living together and having sexu-al relationship through an irreligious, illegal agreement. While Islamic Law considers it fornication, cohabitation is growing common in Tehran. This has brought to question whether Shi'a fiqh (Twelver jurisprudence) should adapt itself to this reality. To that end, we intend to undertake an examina-tion of cohabitation in Shi'a Islamic jurisprudence. We hold that to avoid further decline in relevance, Shi'a fiqh will have to define cohabitation in its intra-discourse terms in such forms as mu'ātāti (unspoken) religious vow, or new alternatives.
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Disclosure statement
No potential conflict of interest was reported by the author(s).
Ethical Approval: This article does not contain any studies with human participants or animals performed by any of the authors.
Notes
1 Hills and Todd, Population in Marriage and Divorce, 5.
2 Iranian Registry Office, 2015.
3 Azad Aramaki et al., Family Developmental in Yazd, 43–77.
4 Abbasi Shahwazi and Askari-Nodoushan, Family Developmental in Yazd, 207.
5 Müller, Cohabitation and Christian Faith, 18–26.
6 Maleki and Tamimi Arab, SURVEY REPORT 2020, 1–2.
7 Ahmadi et al., Voluntary Childlessness in Tehran, 449–456; Hamidifar et al., Childless’ Sight on Childbearing, 27–54.
8 Golchin and Safari, Consequences of Cohabitation, 29–57.
9 Ahmadi, Room with Open Door, 15–176.
10 Ramezanifar and Adish, White Marriages in Guilan, 195–217.
11 Mahboobi, White Marriage in Contemporary Iran, 1284.
12 Yazdani and Doosti, Emerging Family Shapes, 5–100.
13 Nosratinejad and Bahrami, Determinants of Cohabitation, 35–42.
14 Kasearu and Kutsar, Unmarried Cohabitation Trends, 307–325; Martin and Théry, Cohabitation in France, 135–158.
15 Kok and Leinarte, Cohabitation in Europe, 489–514.
16 Kiernan, Cohabitation in Western Europe, 1–21.
17 Thornton et al. Religiosity, Cohabitation, and Marriage, 628–651.
18 Ibid.
19 An Islamic legal term referring to independent reasoning towards finding a solution to a religious question and the real Hokum before Allah.
20 i.e. collective reasoning and consensus amongst authoritative Muslims of a particular generation, and its interpretation by Islamic scholars.
21 Halstead, Muslims and Sex Education, 317–330.
22 Taylor, Religion and Life, 45.
23 Triger, Religion in Israel, 1–17.
24 Abdulrahman and ElSayfi, Cohabitation in Islamic Jurisprudence, 58–68.
25 See note 5 above.
26 Boodalaei, Phenomenological Research Method, 109–111.
27 Strauss and Corbin, Grounded Theory, 61.
28 ISNA, “Minister of Culture's Criticism on Prevalence of White Marriage”.
29 ISNA, “Golpayegani's Mohammadi Criticizes White Marriage”.
30 Fararu News Agency, “Conversation with a White Marriage Couple”.
31 Iranian Registry Office, “Civil Registration Annals 2015.”
32 Maiden (Bikr) girls require legal consent of their father or grandfather for marriage in Shia Islamic Law, unless they successfully prove their correct decision through litigation in a court.
33 Article 136 of the Islamic Penal Code 2013.
34 Khosrow Panah, Struggles of the Iranian Women, 17.
35 Hassibi, Women's Schools, 82–99.
36 Sanasarian, Women's Rights Movement, 90.
37 Obligatory concealment of body except for face and hands up to wrists, in some Islamic legal systems.
38 In this regard, refer to Chapter 7 of Sanasarian's The Movement of Women's Rights in Iran, Outburst, Fall, Repression from 1280 to 1357 which has been removed completely in Persian translation.
39 Asriran News, “Concerned Rally Against Women Attending Volleyball Matches”.
40 Hamidi and Faraj, Lifestyle of Women in Tehran, 92–65.
41 This principle has been mentioned in Qur’an 4:34 (Men are protectors of women), and in some hadiths.
42 Koleini, Alkafi, 508.
43 Khomeini, Tahrir Alvasileh, 27.
44 Behjat, Istfta’at, Question 179.
45 Khomeini, Towzihul Masa’il, Problem 10–11; Behjat, Towzihul Masa’il, Problem 2136; Tabrizi, New Istifta’at, 446; Fazel, 392; and Makarem, 393.
46 Khomeini, 2013, Problem 2413; Behjat, Towzihul Masa’il, Problem 2413; Tabrizi, New Istifta’at, 446 Problem 2481; Fazel, 392 and Makarem, 393, Problem 2063.
47 Islamic legal term for the financial support a husband must provide for his wife during marriage and for a time after divorce.
48 Here, we can mention works and ideas of some of the Islamic and post-Islamist feminists, as well as those of some progressive high clergymen such as Ebrahim Jenahi.
49 Ahmed, Women in Islam, 66.
50 Mernissi, The veil and the male elite, 71.
51 See note 51 above.
52 Among the 600,000 hadith collected in his field studies, Bukhari considers only 4,000 of them as authentic.
53 In this specific case, which is a testimony for fornication, the person will be punished with 80 lashes for accusing another person. This is called “Hadd-e Qafz” (punishment of slander).
54 Qur’an (4:15).
55 Fuqahā say metaphorically that the witness must have seen that the persons had intercourse like needle and thread, because according to Islamic law, any sexual intercourse not reaching this stage is not subject to hudud, and has merely ta’zir (commutable punishment).
56 Horre Ameli, Vasa’il ul-Shi'a, 410.
57 Article 102 of The Code of Criminal Procedure and Articles 106 of the Islamic Penal Code.
58 In Islam, a non-mahram is someone outside someone's immediate family from whom concealment of the body with hijab, is not obligatory.
59 Khomeini, Towzihul Masa’il, 432, Montazeri, 667–668, and Noori Hamedani, 574.
60 Golpaygani, Towzihul Masa’il, 667–668 and Khorasani, Towzihul Masa’il, 473.
61 Mu'ātāti refers to a non-verbal agreement and mu'ātāti marriage is one in which the tacit agreement of man and woman suffices, and has no verbal requirement (Muhaqeq Damad, Comparative Family Rights, 166). This is different from mut'āh marriage which is a private, verbal and temporary marriage contract permitted in Ja’fari Shi’a (Twelver) Islam (Heffening, 2014 757).
62 Khomeini, Albey, 180.
63 Muhaqeq Damad, Comparative Family Rights, 166.
64 Ansari, Nekah, 78.
65 Khoei, Misbahul Fiqaha, 192.
66 Sadeqi Tehrani, Towzihul Masa’il, 173.
Additional information
Notes on contributors
Rasoul Mohsenzadeh
Rasoul Mohsenzadeh is a PhD graduate in Anthropology from University of Tehran. He got his bachelor's and Master of Arts degree in Sociology from University of Tehran.
Mohammad Mostafavi Rad
Mohammad Mostafavi Rad has a Master of Arts degree in Social Communications from University of Tehran.
Javad Momeni
Javad Momeni has a Master of Arts degree in English Literature from University of Tehran.