White Marriage in the light of the applicable laws of Iran and the Kurdistan Region

Abstract

Among the unexpected phenomena in some societies, white marriage (Cohabitation) arises, which means the coexistence of a girl and a boy without an official or legal marriage. Cohabitation is considered a common and acceptable subject and has been legally regulated in many Western countries, but in some Middle Eastern countries, such as Iran, which is widely felt and growing, it remains unacceptable both in terms of Sharia and legal norms. The proliferation of this controversial phenomenon, Cohabitation, in Iran, which neighbors the Kurdistan Region, could potentially have adverse effects on the region's future as it may reduce the rate of official marriage, the cessation of childbirth, and increase moral deviations in society.  In the Kurdistan Region, there is currently no legal provision that criminalizes this type of marriage, nor is there any legal remedy to prevent its spread. Therefore, this study aims to introduce Cohabitation and present its rules and consequences based on the applicable laws of Iran and the Kurdistan Region. The most important outcome that our research has reached, by using analytical and comparative methods, is the illegitimacy and illegality of this form of marriage under the Islamic holy religion and the laws of both Iran and the Kurdistan Region, despite the absence of any usual consequences associated with valid marriages, such as dowry, alimony, inheritance, and the non-fixity of descent for their children.