Temporary Marriages, Mahramiyat, and the Rights of the Child in Shiʿi Adoption

Abstract

Iran accepts temporary marriage to facilitate and sanctify sexual relationships. The concession of temporary marriage has, however, been the subject of controversy in the past four decades. One significant refutation of temporary marriage is related to its attempted usage in the case of child-adoption, sanctioned by both the state and some Shiʿi mujtahids. The explicated rationale is that an adopted child does not benefit from mahramiyat and is, therefore, non-mahram to members of the adoptive family after reaching puberty. To establish mahramiyat, Shiʿi jurisprudence allows for temporary marriage between the adoptee and a member of the adoptive family. By performing a temporary marriage, new familial ties are established, and mahramiyat limitations are lifted. This proposed solution, however, can lead to other significant legal and social complications. This paper investigates Shiʿi jurisprudence allowing temporary marriage in child-adoption scenarios in contemporary Twelver Shiʿa by exploring relevant fiqh/ijtihad and legal perspectives in Iran.