Civil law of minorities refers to the right of enjoying particular religious rules and regulations in the personal affairs following regulations of their own religion. Of course, investigation to the differences derived from the above points could be made by Islamic courts but in consultant with their religious authorities.
1. Marriage:
Islam has considered marriage (one of the instinctive desires of man) as a legal and absolute right for the religious minorities. All marriages of men and women of minorities according to their concerned regulations are legal and official.
ADVERTISEMENTS:
While the law of marriage of Moslems has restricted this right in the frame of their co-religionist, and Moslem women are not allowed to marry with non-Moslem men, and it is considered as guilt. Because in Islam, the only comparison of equality of spouses in belief and faith.
Shiite jurisprudents believe that official marriage of religious minorities according to their concerned official regulations is accurate in view of Moslems, and there is no any difference between Followers of The Book, and idolaters or others in this respect.
Even if the spouses accept Islam, their previous marriage is recognized after accepting Islam, unless their spouses are their very near relatives. This is against regulations of Islam.
In continuation of this discussion, the jurisprudents believe that marriage of Moslems with non-Moslem women who do not follow Judaism or Christianity, is forbidden, and marriage of Moslem man with Jewish and Christian women, permanent marriage is forbidden and temporary marriage is recommended (there are different opinions).
ADVERTISEMENTS:
According to article 10591 of Civil Law of Iran, generally marriage of Moslem with non-Moslem is not allowed.
2. Divorce:
The rules of divorce are like rules of marriage according to the belief and religion of minorities. In case of any dispute in this regard, the minorities can solve it according to their own legal regulations or refer to the Islamic courts.
3. Heritage:
Religious minorities have special regulation in this regard according to their relationship by blood and relationship by marriage, and act as per heritage law of their concerned religion.
Disputes in division of heritage could be solved in Islamic law according to the legal regulations of minorities. Those who are relative with the dead person due to marriage with very near relatives are accepted from heritage.
ADVERTISEMENTS:
A number of jurisprudents have permitted heritage for those who have relationship by blood, even in case of marriage with very near relatives.
Another group of jurisprudents believe that those who have relationship by blood and marriage, either through legal or illegal marriage or marriage with very near relatives, have the right of heritage in case devisor and devisee are the same.
In case of difference in belief and religion of devisor and devisees, they will not have the right of heritage unless in case that devisor is non-Moslem and devisees or one of them is Moslem, in this way the Moslem will be considered as devisee provided that his acceptance of Islam had been proved before dividing the heritage.
4. Will:
Iii Islam, will is an emphasized recommended action that each person can do in respect to any affair or affairs or any possession. It causes guidance and order. Will is first left to those who have relationship by blood consisting of three groups:
1. Parents and children, and their children and their ancestors.
2. Brother and sister and their children.
3. Uncles and aunts and their children. Secondly it could be left to those who have relationship by marriage of one of the spouses in case that when one of them dies and the other is alive.
The religious minorities too have right to mission a person, or persons for performing their will in case that their marriage is according to their religious regulations.