Abstract:
the effect of virginity on women's rights is one of the important issues of family law, which has not been comprehensively researched, and most of the legal writers have briefly mentioned the issue, but its importance is so great that none of the political, social, and philosophical schools have addressed it. they did not need it. the main debate is whether virginity limits women's rights or not? in this research, an attempt is made to examine jurisprudential and legal works in this field, and by considering all aspects of the matter, the effect of virginity and pregnancy on women's rights cannot be answered absolutely. because there are more cases. not only does virginity not limit a woman's rights, but her legal privileges are far more. including; in case of not receiving the dowry and lack of empowerment, the female cannot claim alimony, and if she does, she is doomed to reject the claim, but a virgin woman, despite the lack of empowerment in these conditions, has the right to demand alimony, or divorce the female during menstruation and nifas is not valid if the divorce of a virgin woman while menstruating is valid. therefore, in general, virginity does not limit her rights in comparison with a female prostitute.
Machine summary:
In opinion number 7/2261 dated 1377/12/23, the General Directorate of Legal Affairs and Legislation of the Judiciary, it is stated: "The marriage of a virgin maiden without the consent of the father and without the permission of the court, based on what is derived from the amended Article 1043 of the Civil Code, is not valid, and if this matter is established in a competent court, a judgment of its nullity will be issued, and the Unification of Precedent Ruling of 1363/1/29 of the General Assembly of the Supreme Court The impact of virginity on the legal status of women 95 supports this view" and in opinion number 7/7845 dated 1380/9/14, the aforementioned department states that "According to Article 1043, the marriage of a virgin girl, even if she has reached the age of puberty, is contingent upon the permission of her father or paternal grandfather, and obtaining a certificate of maturity does not negate the necessity of the father's permission" (Collection of Revised Laws and Legal Regulations: 791).
The effect of virginity on the legal status of women 97 - The permission of a virgin wife to use the right of retention (Haqq al-Habs) Article 1085 of the Civil Code: "A woman may refrain from performing the duties she owes to her husband until the dowry is delivered to her, provided that her dowry is due (hal), and this refusal shall not result in the forfeiture of her right to alimony (nafaqah).
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