Coercive guardianship regarding non-Shiite Iranians مقاله

خلاصه ماشینی:

" As you can observe, the law deems the observance of the personal status of non-Shiite Iranians necessary only in the following cases regarding respect for religious customs: 1- Marriage and divorce 2- Inheritance and wills 3- Adoption Although the beginning of the article refers to personal status in general, the mention of the phrase "in the following manner," which is followed by the three clauses, indicates that only specific matters of personal status as described in paragraphs 1, 2, and 3 are intended, and nothing else. Had the legislator intended to exempt all matters of the personal status of non-Shiite Iranians from the general rule of the Civil Code provisions in the broadest sense of the word, they would have explicitly stated it in the 1312 law within independent paragraphs. Fourth - Some experts, in order to consider the subject of guardianship as covered by the exceptional law of personal status for non-Shiites, may argue as follows: "The matter of guardianship is one of the issues related to marriage and arises from it. Fifth - In Clause 1 of the single article of the Law on the Personal Status of non-Shiite Iranians, it is stated that regarding marriage, the established and customary rules of the husband's religion shall be observed. Therefore, regarding non-Shiite Iranians, legal capacity, guardianship, and curatorship are subject to the provisions of the Civil Code, because they are not among the explicit exceptions in the law governing the personal status of non-Shiite Iranians, and furthermore, they possess an aspect of public order.