Ayatollah Khomeini's
Religious Teachings
Ayatollah Khomeini's Religious Teachings on Marriage, Divorce
and Relationships
A woman may legally belong to a man in one of two ways; by
continuing marriage or temporary marriage. In the former, the
duration of the marriage need not be specified; in the latter, it
must be stipulated, for example, that it is for a period of an
hour, a day, a month, a year, or more.
A man can marry a girl younger than nine years of age, even if the
girl is still a baby being breastfed. A man, however is prohibited
from having intercourse with a girl younger than nine, other
sexual act such as forplay, rubbing, kissing and sodomy is
allowed. A man having intercourse with a girl younger than nine
years of age has not comitted a crime, but only an infraction, if
the girl is not permanently damaged. If the girl, however, is
permanently damaged, the man must provide for her all her life.
But this girl will not count as one of the man's four permanent
wives. He also is not permitted to marry the girl's sister.
A father or a paternal grandfather has the right to marry off a
child who is insane or has not reached puberty by acting as its
representative. The child may not annul such a marriage after
reaching puberty or regaining his sanity, unless the marriage is
to his manifest disadvantage.
Any girl who is of age, that is, capable of understanding what is
in her own best interest, if she wishes to get married and is a
virgin, must procure the authorization of her father or paternal
grandfather. The permission of her mother or brother is not
required.
A marriage is annulled if a man finds that his wife is afflicted
with one of the seven following disabilities: madness, leprosy,
eczema, blindness, paralysis with aftereffects, malformation of
the urinary and genital tracts or of the genital-tract and rectum
through conjoining thereof, or vaginal malformation making Coitus
impossible.
If a wife finds out after marriage that her husband is suffering
from mental illness, that he is a castrate, impotent, or has had
his testicles excised, she may apply for annulment of her
marriage.
If a wife has her marriage annulled because her husband is unable
to have sexual relations with her either vaginally or anally, he
must pay her as damages one-half of her mehryeh (her price)
specified in the marriage contract. If the husband or wife annuls
the marriage for any of the above-mentioned reasons, the man owes
nothing to the woman if they have had sexual relations together;
if they have not, he must pay her the full amount of the dowry.
A Moslem woman may not marry a non-Moslem man; nor may a Moslem
man marry a non-Moslem woman in continuing marriage, but he may
take a Jewish or Christian woman in temporary marriage.
A woman who has contracted a continuing marriage does not have the
right to go out of the house without her husband's permission; she
must remain at his disposal for the fulfillment of any one of his
desires, and may not refuse herself to him except for a
religiously valid reason. If she is totally submissive to him, the
husband must provide her with her food, clothing, and lodging,
whether or not he has the means to do so.
A woman who refuses herself to her husband is guilty, and may not
demand from him food, clothing, lodging, or any later sexual
relations; however, she retains the right to be paid damages if
she is repudiated.
If a man who has married a girl who has not reached puberty
possesses her sexually before her ninth birthday, inflicting
traumatisms upon her, he has no right to repeat such an act with
her.
A man who has contracted a continuing marriage may not leave his
wife for so long a time as to allow her to question the validity
of the marriage; however, he is not obligated to spend one night
out of every four with her.
A husband must have sexual relations with his wife at least once
in every four months.
A woman who has been temporarily married in exchange for a
previously established dowry has no right to demand that her daily
expenses be paid by her husband, even when she becomes pregnant.
A temporary marriage, even though only one of convenience, is
nevertheless legal.
A man must not abstain from having sexual relations with his
temporary wife for more than four months.
If a father (or paternal grandfather) marries off his daughter (or
granddaughter) in her absence without knowing for a certainty that
she is alive, the marriage becomes null and void as soon as it is
established that she was dead at the time of the marriage.
To look upon the face and hair of a girl who has not reached
puberty, if it is done without intention of enjoyment thereof, and
if one is not afraid of succumbing to temptation, may be
tolerated. It is however recommended that one not look upon her
belly or thighs, which must remain covered.
To look upon the faces and hands of Jewish or Christian women, if
this is not done with intention of enjoyment thereof, and if one
does not fear temptation, is tolerated.
A woman must hide her body and her hair from the eyes of men. It
is highly recommended that she also hide them from those of
prepubic boys, if she suspects that they may look upon her with
lust.
If a man is called upon, for medical reasons, to look upon a woman
other than his wife and to touch her body, he is permitted to do
so,but if he can give such care by only looking at the body he
must not touch it, and if he can give it by only touching, he must
not look at
it.
A woman who becomes pregnant as a result of adultery must not have
an abortion.
If a man commits adultery with an unmarried woman, and
subsequently marries her, the child born of that marriage will be
a bastard unless the parents can be sure it was conceived after
they were married.
A child born of an adulterous father is legitimate.
The best person to breast-feed a newborn baby it its own mother.
It is preferable that she not ask to be paid for such service, but
that her husband pay her for it of his own free will. If the sum
the mother asks for is greater than that charged by a wet nurse,
the husband is free to take the child from its mother and turn it
over to the wet nurse.
A man who repudiates his wife must be of sound mind and past the
age of puberty. He must do so of his own free will and without any
constraint; therefore, if the formula for divorce is spoken in
jest the marriage is not annulled.
A woman temporarily married, say, for a month or a year, has her
marriage automatically annulled at the end of that time, or at any
other time when the husband releases her from the balance of her
engagement. It is not necessary for this that there be any
witnesses, or that the woman have had her period.
A woman who has not yet reached the age of nine or a menopausal
woman may remarry immediately after divorce, without waiting the
hundred days that are otherwise required.
A woman who has had her ninth birthday, or who has not yet entered
menopause, must wait for three menstrual periods after her divorce
before being allowed to remarry. If a woman who has not reached
her ninth birthday or who has not entered menopause gets
temporarily married, she must, at the end of the contract or when
the husband has released her from part of it, wait two menstrual
periods or forty-five days before marrying again.
If the father or paternal grandfather of a boy has him marry a
woman for a temporary marriage, he may prematurely cancel it in
the boy's interest, even if the marriage was contracted before the
boy reached the age of puberty. If, for example, a
fourteen-year-old boy has been married off to a woman for a period
of two years, they may return her freedom to the woman before this
time has run its course; but a continuing marriage cannot be
broken in this way.
If a man repudiates his wife without informing her of it, and
continues to meet her expenses for a period of, say, a year, and
at the end of that time informs her that he got a divorce a year
earlier and shows her proof of it, he may require that she return
to him anything he has bought or given her during that time,
provided that she has not used it up or consumed it, in which case
he cannot demand its return.
If a child dies within the mother's womb and it is a danger to her
life to leave it there, it must be extracted in the easiest way
possible; it can. if need be, cut into pieces; this should be done
by the woman's husband or a midwife.
A woman who wishes to pursue her studies toward the end of being
able to earn her living through respectable work, and who has a
male teacher, may do so if she keeps her face covered and has no
contact with men; but if-that is inevitable, and religious and
moral tenets are thus undermined, she must give up her studies.
Girls and boys who attend coeducational classes in grammar
schools, high schools, universities, or other teaching
establishments, and who, in order to legalize such a situation,
wish to contract a temporary marriage may do so without the
permission of their fathers. The same applies if the boy and girl
are in love but hesitate to ask for such permission.
If
you enjoyed this article, please visit: http://www.hinduunity.org
|
