The Evolution and Effects of the Concept of Custodian's Permission for Virgin Girl Marriage

The debate as to whether it is necessary to have the gardener’s permission for a virgin girl marriage has been a controversial subject for many years. This issue has led the legislator to establish three aspects considered by Article 1043 of the Iranian Civil Code. The differences relating to these three aspects raise this question: Is it principally necessary to have permission of the girl''s gardener، before or after the marriage، in order for formal marriage to be treated as true or false? If the answer is negative، what is the meaning of the first part of this Article adopted in 1991? Does the marriage of virgin girl that reached the puberty age require her gardener or her father grandfather’s permission? To this end، the necessity of not having the virgin girl’s gardener permission، no matter before or after marriage، existed in the nature of marriage. The virgin girl gardener’s permission is legally for registering the marriage. The gardener’s right to end her daughter’s marriage by terminating the marriage or divorce through her daughter’s request is an approach which is to be considered in this article by analysing it as the legislator''s view.