Sun 20 Jan 2008
Finally the January 21st arrived, and my two-month patient is going to its end just after some hours later! Do you know what I am talking about? I feel so worried and so impatient like a 18-year-old boy who is going to meet a loved girl for the first time of his life and to give her a present! But those days have already passed, neither am I 18-year-old, nor is it my first time to give a girl a present! But I wonder why I feel a butterfly in my stomach! Maybe I am afraid Lisa does not accept my present or maybe she does not even want to talk to me, or the worst one, she may ignore or reject my love towards her! Oh no! I can not bear this rejection, my dearest…! I know the condition of mine and hers, but I just want to thank her and her kindness, and to show her my love and whatever in my heart. She likes me, I am sure, many times she showed and said, but LOVING is differing from liking. Come on boy! Let`s call her now! The best deed, and then see what will happen! I know her, she is so respectful and great that will not hurt my feelings, or… but girls are so strange that no one can understand what in their minds are and what they do think!
I did not buy her a precious gift! I have thought a lot fro more than two months to decide what to buy her that suits her and she likes it, nothing I found unless books! Is it ridiculous? To give a girl who you love, a book, nothing else, even it is for the first time! I do not know! But as I know her, she is a deep girl, who loves studying and knowledge, philosophy, so do I. she must forgive me not giving her too much just a book of my favorite, “CHIMIST”. Even I wrote for her at the very beginning of the book, for that I have practiced to learn and improve my handwriting for more than two weeks! What can I do with these feelings in my heart? I always want the best for the one I love! I want the greatest things and greatest happiness for my love! It is beyond my control to prevent myself not to do that! I love Lisa! It is the fact!
If she accepts my gift and likes it, how happy I will be and how great passions will flow into my heart!
Fri 18 Jan 2008
Today was the ninth of Moharram, tomorrow is the tenth, the days of martyrdom of our holly Imam who a lot of people in the world love him. Every body wants to show his or her sincere for him, some through praying, some through mourning for him in groups called “Dasteh”, some give people food, some go mosques to mourn and prey for him, every body has his or her own way of showing that sincere for him and his family.
I love the only God, of course some times I feel angry at HIM, some times I can not understand HIS deeds, but I love HIM and no one reach to that! I always try hard to satisfy HIM and act in a fair and just way that HE gets happy at me! I always wanted and want to reach HIM, who is the essence of every goodness, the source of any power and join HIM, but…! I love our holly prophet, Mohammed (peace been upon him) too much that I can not explain! He is the kindest and the greatest man all over the world, always helps me, I love Imam Ali (peace been upon him) and I love his sons, all of them, especially Imam Hussein, who I respect not because he is our Imam and a great man, no, just because of his braveness and generosity.
I remember so many nights that during the night I cried and cried just for them, for Imam Ali, for Imam Hussein, for holy Mohammed (peace been upon them, all), always I have liked to be with them, in those days so that I could help them and kill all of their enemies with my own hands! Is it childish?
I do not like crowded places, especially when people gather and celebrate these occasions and mourn for him. I do not feel comfort! I do not know why, but in these times, I feel chocking and drowning! And people look and say “look at him! He is not one of us! Because he studied English and he has learnt another culture, our goodness and virtues are not important for him! He is not joining us, in the mosque, in Dasteh, or in making food for imam Hussein’s sake!” and they began looking at me as if I am not one of them, I am a stranger just watching! I am not! I love him more than most of them, I can dare to say that! but because of my personality I do not feel comfort in those occasions with people! When I am among them, I think I am pretending to be one of his lovers! I hate pretending and showing off! I believe everybody`s heart and conscience is the only judge to determine his faith to God and Imams!
May be I need a good friend who encourages me to act normally among people! A person who is a faithful one, who has a very pure heart and who loves God, Holy prophet and Imams, and of course other people! SHE, unfortunately did not faith in any thing, even God, and she was always discouraging me. SHE most the time made me fun for my beliefs and SHE even told that it is not the God but the nature that controls our lives, God is only in our minds, …! I do not like to recall all HER nonsense words, which I was always opposed! I need one like Lisa, full of faith and love of God, HIS prophet and HIS Imams, to encourage me to over come this feeling of discomfort and shame! Fortunately, I love her and I hope someday, I can propose her to be my wife, and together, by taking our hands try to reach our kind and great God, and make HIM satisfied! I hope so!
My family went to Bijar, to celebrate the mourning ceremony. But I did not go, because of that reasons I told above. I , on the other hand, tried to show my sincere for Imam Hussein by another way! I decided to serve his lovers by driving them to mosques and do not help them feel cold in this freezing weather. I did it today and I will do it tomorrow, too. I sent my friends smses to tell them that if they can not find any taxi or if they need any vehicle to do everything, I am at their service. All of them responded me so kindly, especially Lisa that her words made me feel energetic and active and feel relaxed! How much I love you Lisa, the more I know her, the more and more I fall in love with her deeply and deeply!
I picked up mostly old men, women and families, and sometimes a group of young women who were students and wanted to get back of mosque to university passio. But some of people, especially those how had low culture, or maybe because of their hearts, they did not get on the car, and preferred to stay in the freezing weather and wait for busses which would never come! I do not know why people act in this way! When you want their goodness they reject you! It really made me sorry, but because of Imam I insisted on picking them up and finally I could make them consent! But on the other hand, families with children, or those young girls who were students, they had no problem and even thanked me a lot!
Tell me your nice ideas and guide me as much as possible! My contacts are:
www.translationfundament.blogfa.com
www.forgattenrevenge.blogfa.com
325
Again your name as the flame of soul
Comes out of my heart to my tongue
Again I call you by name, my LOVE!
O! the fire of my soul, the soul of brazier,
Your face like cherry`s cheek
Blushes of hearing of your name
Half a day with you, my LADY
While the time has stood away
Half fall, half summer
Among all sat two HEARTS
But YOU have a little of all!
329
For talking about love, must think of another tongue
Must use another word, must think of another tongue
How long those Romeos and Juliet’s? These tired… those worn lovers?
For this deaf, too… must think of other crazies
How long Juliet is the story? An unkind charming?
For breaking the hearts, too… must think of another unkindness
Let the butterfly by itself, it`s tired, leave it alone
For feeding the flame, too… must think of another soul for fire
Yes, the culmination of this song, must think of another mouth
So sit on the goal as arrow, instrument or arm? What do you see?
Maybe instead of another Arash, must think of another bow
Of every one and with every other tongue, this song is repeating,
Either must change its plot, or must think of another one!
314
How embarrassed you my envious arms
As if not apart of you, that even I am unit with you
Not my familiarity with you is like today`s
`Cause I’ve loved you from my childish dreams
You are my imagines’ BRIDE that came
Again to my toy`s party.
You are the lady of my poem that your admire
Is reaching to my ears through the song of the clutch
Give me a breeze and a threat, so my kite-like soul
Leaves the earth by a little hint of you!
It`s in the name of you that I sing
O! My bloomiest flower adored in my lark-like song
What pool are you? That water in it…
Is flowing on all my alga-like wrap and woof?
With my blood, I will wash my love`s reputation, yes,
If helps my Babakian nature.
Beside YOU, I breathe with release of my soul
If lets my nightmare-like fate.
Thu 17 Jan 2008
I have written a very summary of some useful points in the field of management and psychology for improving the quality of educational institutes that I hope they are applicable for my friends who want to enhance their job and work as much as possible. These are the yields of my studies in MBA and psychology and of course the results of my own experiences in the field of education. In you need the Persian version of that, contact with me.
For improving the efficiency of an institute as a specific point and a system in general, we must pay attention to the factor of quality. For improvement of the quality we need to consider both the physical aspect and the psychological aspect which consists the knowledge and expertise.
Keep in mind that in an educational institute you must pay attention much more to teachers rather than students, on the other hand, the system must be teacher centered because the teachers have the most effective roles in improvement of the institute`s quality and their feeling of consent is the most important factor, however, it must be said that in an educational institute the consent of students is important, too.
In choosing a teacher, those must be chosen that have expertise, experience, and who are good tempered who have some other studies and records than their academic ones related to the field of their teaching.
As I said before, the feeling of consent is the most motivate factor for each person, which is essential to attract the person to the system and maintenance of him in the system. For this reason, we use the behaviorist method of stimuli-response for reaching the desired behavior. I will give you some guidelines in the following part.
In the case of teachers` consent, you should get some personal information in general as much as you can, the information that he, himself, does not expect you know, such as their family affairs or financial problems. A teacher that has family problems just can reach to one-tenth of his efficiency in the class, and a teacher who has the financial problems can not reach the efficiency more than 50 percent of his normal classes! To control this condition, you should try to apply that especial information indirectly to solve their problems. This job brings a motivation in the person to stay in the system. For example, in the samples mentioned above, trying to solve the family problems of the first case, and trying to solve the financial problems of the second one will be effective. In the part related to physical aspects of quality, I will explain more about the encouraging offerings for teachers.
Choosing and employing of successful, experienced and skillful teachers and improving their efficiency in the class enhances the level of students` consent by itself that is considered as one of the motivating factors for attracting the students to the system and maintaining them. In this case, we use the method of stimuli- response which is mostly material and financial that I will explain more in the part of physical aspects of quality.
Physical aspects of quality are much concrete, it means that you can show the aspects of psychological quality through the applying of physical guidelines. The physical aspects of quality divided into two categories: place quality and finance quality.
Place quality deals with the appearance of the place of the institute, classes, educational materials and facilities, and having up-to-date technology, the decoration of the institute, the style of dressings and make up of employees and teachers, the way of their behaviors towards students and with each other.
Keep in mind that the more the facilities, materials, furniture and decoration modern and newer, and at the same time simpler, the more attractive the institute is and the more people will be attracted to it.
My suggestions are as following:
1- The educational materials such as computers, televisions, cassette players, DVD and VCD players, tables and desks, chairs should be new and the color should be lively, the psychologists suggest the best color for the educational institute is yellow.
2- The decoration should be made of wood or M.D.F and in lively colored and the floor of all rooms should be rugged.
3- The employees and teachers should wear their own especial uniform that is plain, clean and always neat and be ironed.
4- Employees and teachers should avoid making fun of each other extensively, especially in the presence of students.
5- Teachers and employees should always respect together and other students and behave with them respectfully under any condition, especially the secretaries and the manager himself or herself. In accordance to psychologist, when two strange persons meet each other for the first time, their unconscious mind determines within the very first 10 minutes that to continue the relationship and make the friendship or not. So if the manager is able to introduce a reasonable picture of him or her in the audiences mind, this picture will last for a long time and is not spoiled so easily. Therefore, keep in mind that always have a smile on your beautiful lips and deal with people, teachers and students and even strangers, respectfully and never exaggerate about the institute or your own abilities so that the carved picture in the audiences` mind would not be spilled and would not increase their expectances from the institute and you!
The finance quality
Finance quality is the most important part for altering and improving of measurements and the most concert of them, considering some points you can reach to an extraordinary efficiency.
Keep in mind that the time and the manner of paying the salary is much more impressive than the amount of money. It means that with an on-time payment of for example 10000 tomans, exactly after the finishing of term and classes, it is as worthy as 100000 tomans which is paying next week. Always try to have no intervals between the finishing of classes and paying of teacher’s salary.
Consider the 2 -3 percentage of the whole benefits of the institute as gifts and awards for them, but do not inform them about that, so that it would not turn to increase their expectation form the institute. Then this award is paid in the form of golden coins or in cash every two months, or every term, depending of the financial potentiality of the institute. This should be done in a manner that makes the teachers surprised!
About the teachers who have the financial problems, this can motivate them and increase their efficiency in the class. This even about the friends of yours working in the institute makes them feel consent and think that their works were important and they were gratitude.
The amount of tuition should be flexible. Some percentage of it should be considered as a discount for especial people, especially in educational institutes that deal with students, the management should do in a way that the students feel consent for joining to the system, and this feeling leads to more introductions of them of their friends and within not so long time, this little discount leads to interest and benefits and increase in the number of students enrolling in the institute.
The management can devote one-third, or half or even the whole tuition of a term as a discount for some especial people. It makes the person like the system and trust in it and this trust is the main and non-material capital for the system, but this discount should not be shown on the boards or turn to a regulation unless it loses its penetration.
Wed 16 Jan 2008
I do not know why people like to be with me, especially in my classes, when I teach English! In Apadana I started the class with only 5 students, 2 university students and 3 30-40 men. But yesterday which was my fifth session, the number of students reached to 9, they introduced to their friends! I am always convenient with adults and university students.
Finally I could see Narcissi yesterday in the institute! To be frank, I really missed her and her sweet jokes and friendly behaviors. She has got so beautiful and of course she is growing and blooming. She is so funny!
Farzad spoke with me about his problem, I mean his love affairs, he asked “what should I do? i must show her and her family that I want her and I am stable in my decision.” I suggested “ok, you can talk with her mother and let her know about you and your condition and job, at the same time speak with your mother and father.” He says “you know, I am worried. Girls are so strange that no one can understand them. We, boys, are like a book for them! If we act simple, they can easily read us and then finish, and put us away! And in this occasion, they leave us and our relation would be spoiled!” I do not agree with him, because still I believe among girls, there are some kind hearted people like us that can understand us and be with us, due to the fact that I have seen Lisa and Sahar, her friend.
Sahar called me to day, to complain about Shadmanesh and his strange behavior. He is not cooperating with her, he does not like to work with her as her colleague, or he does not like her to be independent! Even he wants her to take a break for a week or two, but she has not accepted that, yet. Lisa told her not to allow him to control the institute, not leave her job, I agreed with her, too, and said “do not worry, just be firm and stable and continue the way. And think about the worst thing may happen! Have you had any other place to abandon Shadmanesh and punish him?” she said “yes, in Eshragh institute,” I said “ok, if he does not sign the contract and still wants to exploit you, you leave him, and with all of your students, their statistics, and the most important their tuitions go there, and tell Shadmanehs “whatever you like, do it!” he can not even stand for a term without you! He needs you! Do not worry, every thing will be ok.” She said “Lisa is like you, she encourages me, and she helps me very much, she is an angle and I just because of HER will fight with Shadmanesh to get my rights. You and Lisa are very different form others, it takes a lot of time for me to reach you, two, but already I have begun my way! You just let Lisa talk about God and HIS blessings, I spoke with her and she gave so many reasons that I, myself, got surprised and felt ashamed about my thoughts about HIM!” I said “if she speaks with me about God, too, I will be ashamed about my thoughts, too!” she added “you two are unique and great!” I replied frankly “Lisa is great and unique, but not me! You can be sure,” but she said “NO! BOTH OF YOU!”
Last night, I sent her a friendly message, she responded much friendlier, then I thanked her about her kindness and helps she has done for me, that now I feel happy and relaxed, full of energy, she said “I did not do any thing, you, yourself did whatever needed, and the great God helped you!” I said “ yes, that’s right, but I like to share my happiness with my friends, especially you, and for that please pray God to help me, to enter the university and make my future and …” she replied “I pray God to help you to reach to whatever you have struggled for!” I said “it is enough for me that my dearest beloved prays for me!” she said (maybe angrily!) “I do not have the capacity, do not use those words for me, and do not talk to me in that way, thank you…” I told haplessly “OK!” what do you think? Does she like me?! Or I am just imposing myself to her?! I have been waiting for a very special occasion for more than two months that is due to next Monday, I have prepared myself for that, I want to appreciate her kindness and show her my love and feelings, but I do not know what will happen? Will she … lets wait and see!
Sun 13 Jan 2008
How painful it is the suffering of departing of a lover, being distant of a love, a beloved one who you have devoted all your life for him or her, but he or she does not care about that any more, not even he or she does care of your feelings and any time he or she hurts them without any regret! What is reasonable in this case? In the case of one-side love? Do you prefer to tolerate or separate and let yourself be relaxed of at least insulation and hurting of your feelings and breaking of your heart?
Finally it happened to Sahar, to be separated of her Lover, but he does not show any feelings, or even respect her emotions! She resembles so to my own condition, I, therefore, completely understand her and the feelings she has now! When I told her the breaking-up news of her love, she got so depressed and began crying! She cried and cried, and I just sat there and looked at her and let her cry and cry! She is so simple, so kind, so sensible and so nice and of course so resembles me! (But I am not that kind or nice or …). I then spoke with her for a relatively long time, explaining that it is natural and that it happened to me and that I can understand her and I had feelings like hers three months ago! She cried and then started speaking, which I had wanted to make her to do that! In these kinds of occasions, no one can help you, just a goof friend and just with listening to you, not advising any thing! Just listening, and fortunately I am a good listener!
She spoke about the God`s justice! She criticized it, like me! She spoke about the cruelty of people, and I explained her that a limited number of people can and are able to perceive the trueness of love, and respect it! Most people, just when know about your feelings and love towards themselves, they change their behaviors and behave in a strange way that you get confused, do not know what you must do! Unfortunately, these people have no capacity at all, and spoil your feelings and thought without any good reason or even any excuse! Have you ever met some of them? Or are you one of them, yourselves?!!!!
I will do my best to help her to get used to it and them stand on her feet and make her life. I asked my dearest Lisa to get along with her as much as she can, and does not allow her to be alone and think about her memories, which are the most painful ones those used to be the memorable and unforgottenable! She is so great that it was not necessary to ask her to help her friend! She has already begun the job! I told Sahar about Lisa and the helps she has done for me, the favorits and kindness she has had on me! Sahar said “Lisa is really great, the greatest friend I have had and the greatest girl I have ever met!” I agreed with her!
Sun 13 Jan 2008
Iranian civil laws in marriage
As I promised you, I put here those regulations related to marriage completely here so that my friends can study to protect their rights and do not make mistakes and try to protect their rights. If you need the Persian version of these regulations just tell me and I will send you as soon as possible.
Article 183: A contract is made when one or more persons make a mutual agreement with another one or more persons, on a certain thing, and that agreement is accepted by the latter person.
Temporary marriage: marriage is called temporary when it is for a limited period of time.
Article 6: The laws relating to personal status, such as marriage, divorce, capacity and inheritance, shall be observed by all Iranian subjects, even if resident abroad.
On asking for the hand in marriage
Article 1034: It is lawful to ask for the hand of a woman to whose marriage there is no obstacle.
Article 1035: A promise of marriage does not create the matrimonial relation even though the whole or some of the dowry fixed for payment at the time of marriage between the two parties may have been paid. Either the man or the woman, therefore, can, so long as the ceremonial act of marriage has not been pronounced, refuse the marriage and the other party cannot oblige her or him to contract the marriage or claim compensation for losses merely owing to the refusal.
Article 1036: If one of the parties cancels the marriage contract without any justifiable reason, that the other party or his or her father or grandfather or other people have got proud of occurrence of marriage, and have spent some money with the trust of its occurrence cancels the marriage, he or she must undertake the compensation, but the noted compensation is just for customary spending and costs.
Article 1037: Every one of the betrothed parties can if, the proposed marriage is cancelled, claim the restitution of the presents given to the other party or to the parents for the marriage in question. If the presents do not exist in original the claimant is entitled to ask for their value of presents which are ordinarily preserved unless the same presents have been destroyed without any fault of the party who was in their possession.
Article 1038: The stipulation of the foregoing Article does not apply as far as it concerns the payment of equivalent value in a case where the proposed marriage does not take place in consequence of the death of one the betrothed persons.
Article 1039: The period of reviewing in the time of claim of canceling of the intended marriage is two years and is counted since the date of marriage canceling.
Article 1040: Each one of the parties concerned can, with a view to contracting marriage, ask the other party to produce a certificate of a doctor showing the freedom of the person concerned from serious contagious diseases such as syphilis, gonorrhea and consumption.
Medical fitness for marriage
Article 1041: Marriage before the age of majority is prohibited.
Note: Marriage before puberty by the permission of the Guardian and on condition of taking into consideration the ward`s interest is proper.
Article 1142: After reaching to 15 years old, girls can not get married until reaching to 18 years old without their father`s permission or their grandfather`s.
Article 1043: The marriage of a girl who has not married previously is dependent on the permission of her father or her paternal grandfather even if she has reached the full age of majority. If, however, the father of the paternal grandfather withhold the permission without justifiable reason, the girl can refer to the Special Civil Court giving full particulars of a man whom she wants to marry and also the terms of the marriage and the dowry money agreed upon and having obtained the permission for marriage from the court of foregoing particulars, refer to the marriage registry and register the marriage.
Article 1044: If the father or the paternal grandfather are not present in the place and obtaining their permission is customarily impossible and the girl is in need of marriage, she can marry.
Note: Registration of such a marriage in the Marriage Registry shall be pending on proving the above-cited instances in the Special Civil Court.
On impediments to marriage
Article 1045: Marriage with the following relations by blood is forbidden, even if the relationship is based on mistake or adultery;
1. Marriage with father or grandfathers, mother or grandmothers, or their ancestors to whatever generation.
2. Marriage with children, or descendants to whatever generation.
3. Marriage with the brother and sister and their children, or their descendants to whatever generation.
4. Marriage with one`s own paternal aunts and maternal aunts and those one`s father, mother, grandfathers and grandmothers.
Article 1046: Foster-relationship is the same as relationship by blood as far as impediments to marriage are concerned, provided that:
Firstly- the milk of the woman takes its source from legitimate conception.
Secondly- the milk is sucked directly from the breast.
Thirdly- the child has at least had full milk for 24 hours (one night and one day) or for 15 consecutive times without taking in between any other food or milk of another woman.
Fourthly- the child has taken the milk before it has reached the full age of two years (from its birth); and
Fifthly- the milk taken by the child is from the same woman with the same husband. If, therefore, a child takes during 24 hours some milk from woman and some from another, this fact does not debar marriage even if two women have a common husband. In the same way, that son and daughter cannot be considered as foster brother and sister and their marriage is not prohibited for this reason.
Article 1047: Marriage between the following persons is permanently forbidden because of relationship by marriage:
1. A man and his mother-in-law or his grand-mother-in-law of any degree, whether the relationship is by blood or foster-relationship.
2. Marriage between a man and woman who has formerly been the wife of his father or of one of his grandfathers, or of his son or of one of his grandchildren even though the relationship may be of the foster kind.
3. Between a man with females of descent from his wife, no matter of what degree on exception being made even if the woman is a foster-relation provided that the husband and wife have already consumed the marriage.
Article 1048: Marriage of two sisters by the same time by one man is forbidden even if the marriage of each one of them is of temporary nature.
Article 1049: No one can marry the daughter of his brother-in-law or the daughter of his sister-in-law unless his wife permits him to do so.
Article 1050: Every person who marries a woman knowing of the existence of marriage ties binding the wife and of prohibition of his own marriage with that woman, or who marries a woman who has not yet passes the period of “uddeh” of divorce or of death, with knowledge of the existence of “uddeh” and the prohibition of marriage, his marriage will be null and void and the woman in question will definitely and permanently be incapable of becoming the wife of that man.
Article 1051: The provisions of the foregoing Article will also be applicable in the case where the marriage was solemnized with ignorance of all or some of the facts mentioned. In the case of ignorance, but where matrimonial relations have not taken place, the marriage will be null and void but marriage between the two does not become permanently prohibited.
Article 1052: Separation caused by a solemn imprecation (Li`an) involves a permanent bar to the marriage of the parties concerned.
Article 1053: A marriage contract will not be valid while the party concerned is covered with the pilgrimage garment. If the party concerned marries with knowledge of the fact that such a marriage is prohibited, the marriage will be barred for ever.
Article 1054: Adultery with a woman who has a husband or with a woman who is in her period of uddeh of irrevocable divorce, that marriage will be barred for ever.
Article 1055: The matrimonial relation with a doubt or by adultery if it is before the marriage, with the respect of prohibition of marriage is as the matrimonial relation approached to marriage correct but it is not canceling the previous marriage.
Article 1056: If a man does something obscene to a boy, he can not marry with his mother, sister or his daughter.
Article 1057: A woman who has been a man`s wife for three frequent times, and then she has got divorced, she is barred for him, unless she gets permanent contract with another man, and after occurrence of matrimonial relation with him, gets alone by divorce, or by cancelation or by the death of her husband.
Article 1058: A woman of a man who has got divorced for nine times, six of which is numerous, is barred for him for ever.
Article 1059: Marriage of a female Moslem with a non-Moslem is not allowed.
Article 1060: Marriage of an Iranian woman with a foreign national is dependent, even in cases where there is no legal impediment, upon special permission of the Government.
Article 1061: The Government can make the marriage of certain Government servants and officials and students supported by the Government with a female foreign national dependent upon special permission.
Article 1062: Marriage takes place by proposal and acceptance in words which explicitly convey the intention of marriage.
Article 1063: The proposal and acceptance may be uttered by the man and woman themselves or by persons who are legally entitled to perform the act.
Article 1064: The person who performs the act must be sane in mind, of legal age, and capable of forming a decision.
Article 1065: It is a necessary condition for the validity of a marriage that acceptance should follow close upon proposal, in accordance with custom.
Article 1066: If one or both of the parties to the marriage are dumb, the ceremony can be conducted by sighs made by the dumb person or persons provided that the sign clearly convey the intention of entering into the contract of marriage.
Article 1067: It is a necessary condition for the validity of a marriage that the wife and husband should be so declared that neither party is in doubt as to the identity of the other.
Article 1068: Making marriage conditional will render it void.
Article 1069: A person in the marriage contract reserving the right of cancelling of the contract, if made, will be null and void. But in a permanent marriage, a provision entitling one of the parties withhold the dowry is permissible provided that duration of this is definitely mentioned. After cancellation of the grant of dowry (sudaq) the situation will be as if no dowry is mentioned in the contract of marriage.
Article 1070: Consent of the marrying parties is the condition upon which depends the enforcement of the marriage contract, and if a party showing at first reluctance authorities the making of the contract subsequently, the contract will be binding unless the reluctance is so acute that the reluctant person cannot be considered as having been in possession of any intention.
Deputing a third party for giving consent to marriage
Article 1071: Either the man or woman can depute a third party with power to contract the marriage.
Article 1072: If power is given without conditions as to the identity of a husband, the attorney cannot himself marry his principal under that power unless this permission is explicitly given to him in the power of attorney.
Article 1073: If the attorney does not observe what his principal has laid down in connection with the person or the dowry or other particulars, the authenticity of the marriage will depend upon corroboration from the principal.
Article 1074: The provisions of the preceding Article will also be binding where the power was without any reservation and the attorney did not act according to the best interests of his principal.
On temporary marriage
Article 1075: Marriage is called temporary when it is for a limited period of time.
Article 1076: The duration of the temporary marriage must be definitely determined.
Article 1077: In the case of temporary marriage, provision concerning inheritance of the wife and her dowry are the same as fixed in the Chapter on inheritance and in the following chapter.
On the dowry (Mahr)
Article 1078: Anything which can be called property and which can be owned and possessed can be designated as a marriage portion.
Article 1079: The marriage portion must be known to the marring parties to the extent that their ignorance is removed.
Article 1080: Fixing of the amount of marriage portion depends upon the mutual consent of the marring parties.
Article 1081: If a condition is laid in the marriage act that if the marriage will be cancelled, the marriage and the marriage portion will remain binding and authentic but the condition will be null and void.
Article 1082: Immediately after the performance of the marriage ceremony the wife becomes the owner of the marriage portion and can dispose of it in any way and manner that she may like.
Article 1083: A duration of time or installments can be fixed for the payment of the marriage portion, as a whole or in parts.
Article 1084: If the marriage portion consists of a designated property and it is found out that before the celebration of the marriage that property was defective, or that after the marriage celebration and before the delivery of the property it became defective, or it was destroyed, the husband is liable to compensation for the defective part or the value of the property if destroyed.
Article 1085: So long as the marriage portion is not delivered to her, the wife can refuse to fulfill the duties which she has to her husband provided, however, that the marriage portion is payable at once. This refusal does not debar her from right of maintenance expenses.
Article 1086: If the wife proceeds to fulfill the duties that she ahs towards her husband by her own free will, she cannot subsequently avail herself of the provisions of the foregoing Article, but nevertheless she will not forfeit the right that she has for demanding the payment of the marriage portion due to her.
Article 1087: If in permanent marriage, the dowry has not been mentioned, or there has been no dowry, the marriage is correct and parties can determine the dowry by consent of both after the contract of marriage, but if before determination of the consent dowry, the matrimonial relation has occurred, the wife is authoritative to have reasonable marriage portion.
Article 1088: In preceding Article, if one of the parties dies before determination of dowry, and before the occurrence of matrimonial relation, the woman is not authoritative to get the dowry.
Article 1089: Authority for the marriage portion can be entrusted to the husband or a third party, in which case both of them can fix it at any amount they may wish.
Article 1090: If the authority for fixing the marriage portion is vested in the wife, she cannot fix an amount which exceeds reasonable marriage portion.
Article 1091: In fixing of the reasonable marriage portion the status of the wife in respect of her family`s station and other circumstances and peculiarities concerning her in comparison with her equals and relatives and also the customs of the locality, etc, must be considered.
Article 1092: If the husband divorces his wife before the occurrence of matrimonial relation, the woman is authoritative to get the half of the dowry, and if the husband has already given more than the half of the dowry, he can get back the definite extra amount, or its equallent or its price.
Article 1093: When the dowry is not mentioned in the contract of marriage, and the husband divorces his wife before the occurrence of the matrimonial relation and the determination of the dowry, the woman is authoritative to get the dowry of temporary marriage and if he divorces her after that, she is authoritative to gat the reasonable portion of marriage.
Article 1094: The status of the man in respect of wealth or poverty will be considered in fixing the reasonable marriage portion.
Article 1095: Absence of marriage portion in the act of a temporary marriage will render the contract void.
Article 1096: In temporary marriage the death of the woman during the time of marriage, does not descend the dowry , and also if the man does not have any matrimonial relation with her to the end of the time of the marriage, is the same.
Article 1097: In temporary marriage, if the husband bestows the whole time of the marriage before the occurrence of the matrimonial relation, he must pay half of the dowry.
Article 1098: If the contract of the marriage, either permanent or temporary, cancels, and the matrimonial relation has not occurred, the woman does not have the authority of getting dowry, and if she has already got the dowry, the husband can get it back.
Article 1099: In the case of woman`s ignorance to corruption of marriage and the occurrence of matrimonial relation, she is authoritative to get the dowry.
Article 1100: If the specified marriage portion is unknown or if it is not of such a nature that it can be owned or if it belongs to, the wife will be entitled in the first two cases to a reasonable marriage portion and in the third case to the equivalent of the value of the property which proved to be that of a third party, unless the latter authorizes the transfer.
Reciprocal duties and rights of parties to a marriage
Article 1101: If the contract of the marriage cancels before the occurrence of matrimonial relation to any reason, the woman is not authoritative, unless because of the cancelation of the marriage, she is impotent, that in this case despite of the marriage cancelation, the woman is authoritative to get half of the dowry.
Article 1102: As soon as marriage takes place in due from, relations of matrimony will automatically exist between the marrying parties and rights and reciprocal duties of husband and wife will be established between them.
Article 1103: Husband and wife are bound to establish friendly relations.
Article 1104: Husband and wife must cooperate with each other for the welfare of their family and the education of their children.
Article 1105: In relations between husband and wife, the position of the head of the family is the exclusive right of the husband.
Article 1106: The cost of maintenance of the wife is at the charge of the husband in permanent marriages.
Article 1107: Cost of maintenance include dwelling, clothing, food, furniture in proportion to the situation of the wife, on a reasonable basis, and provision of a servant if the wife is accustomed to have servants or if she needs one because of illness or defects of limbs.
Article 1108: If the wife refuses to fulfill duties of a wife without legitimate excuse, she will not be entitled to the cost of maintenance.
Article 1109: The maintenance expenses of revocable divorce within the time of “Udda” is undertaken by the husband, unless the divorce is because of disobedient, but if udda is for irrevocable divorce or cancelation of marriage contract, the woman is not authoritative to get the maintenance expenses, in the case of her pregnant of her husband, she will get the maintenance expenses up to the time of giving birth to the child.
Article 1110: In udda of death, the woman can not get the maintenance expenses.
Article 1111: The wife can refer to the court if her husband refuses to provide for her maintenance. In such a case the court will fix the amount and will compel the husband to pay it.
Article 1112: If the enforcement of the provisions of the Article 1129 must be followed.
Article 1113: In the case of a temporary marriage the wife is not entitled to the cost of maintenance, unless provision has been specially made for this, or the marriage has been arranges on this condition.
Article 1114: The wife must stay in the dwelling that the husband allots for her unless such a right is reserved to the wife.
Article 1115: If the existence of the wife and husband in the same house involves the risk of bodily or financial injury or that to the dignity of the wife, she can choose a separate dwelling; and if the alleged risk is proved the court will not order her to return to the house of the husband and, so long as she is authorized not to return to the house, her cost of maintenance will be on the charge of her husband.
Article 1116: In the case of the foregoing Article, so long as litigation is not concluded between the married couple, the dwelling of the wife will be fixed by mutual consent of both parties and failing such consent, the court will fix the dwelling after duly obtaining the views of near relatives, and in the absence of relatives the court itself will fix a suitable dwelling.
Article 1117: The husband can prevent his wife from occupations or technical work which is incompatible with the family interests or the dignity of himself or his wife.
Article 1118: The wife can independently do what she likes with her own property.
Article 1119: The parties to the marriage can stipulate any condition to the marriage which is not incompatible with the nature of the contract of marriage, either as part of the marriage contract or in another binding contract: for example, it can be stipulated that if the husband marries another wife or absents himself during a certain period, or discontinues the payment of cost of maintenance, or attempts the life of his wife or treats her so harshly that their life together becomes unbearable, the wife has the power, which she can also transfer to a third party by power of attorney to divorce herself after establishing in the court the fact that one of the foregoing alternatives has occupied and after the issue of a final judgment to that effect.
On dissolution of marriage
Article 1120: Marriage may be dissolved by cancellation, by divorce, or by waiver of the remaining period in the case of a temporary marriage.
Article 1121: Madness of either of the married couple, provided that it is settled, whether it is permanent or recurrent, will give the other person the right of cancellation.
Article 1122: The following defects in a man that makes him unable to do his matrimonial duties, give the right of cancelation of marriage to the woman: 1-impotentcy provided that after passing of a year since the date of woman`s coming to the judge is not solved, 2- being castrated, 3- amputated male organ
Article 1123: The following defects in a woman give the right of cancelation of marriage to the man: 1- Gheran 2-black leprosy, 3-leprosy, 4-Efzae, 5- unable to stand on foot, 6- blindness of two eyes
Article 1124: woman`s defects cuase cancelation right for man if they have presented at the date of contract.
Article 1125: The madness and impotency of man gives the woman the right of cancelation of the marriage even if they occur after the contract.
Article 1126: Each of the parties if has known already the occurrence of mentioned defects in the other, after the contract has no right to cancel the contract of the marriage.
Article 1127: If the husband is suffered by a venereal after the contract of marriage, the woman is authoritative not to have matrimonial relations with him, and this ignorance does not cancel the right of having maintenance expenses.
Article 1128: If a special qualification is mentioned, as a condition of the marriage, to exist in one of the parties and if after the marriage it is found out that the party concerned lacks the desired qualification, the other party has the right to cancel the marriage. The foregoing is true whether the qualification is mentioned explicitly in the marriage contract or whether the marriage has been performed with the qualification understood mutually by the parties concerned.
Article 1129: If the husband refuses to pay the cost of maintenance of his wife, and if it is impossible to enforce a judgment of the court and to induce him to pay the expenses, the wife can refer to the judge applying for divorce and the judge will compel the husband to divorce her.
Article 1130: in the following circumstances, the wife can refer to the Islamic judge and request fro a divorce. When it is proved to the Court that the continuation of the marriage causes difficult and undesirable conditions, the judge can for the sake of avoiding harm and difficulty compel the husband to divorce his wife. If this cannot be done, then the divorce will be made on the permission of the Islamic judge.
Article 1131: The option of cancellation of marriage must be exercised immediately and, if the party who is entitled to the option does not cancel the marriage after becoming cognizant of the reason upon which he could cancel the marriage, he forfeits the option, provided also that he had full knowledge of existence of the option and its urgent character. Determination of the duration of time during which the option can remain valid depends upon custom and usage.
Article 1132: The observance of the arrangements stipulated in the case of a divorce is not obligatory in a case of cancellation of marriage.
On divorce
Article 1133: A man can divorce his wife whenever he wishes to do so.
Article 1134: The divorce must be performed in the actual form of utterance and in the presence of at least two just men who must hear the actual form of divorce.
Article 1135: Divorce must be in clear and precise wording; a conditional divorce is null and void.
Article 1136: The divorce must be of legal age, must be in possession of his faculties, must intend the act and must be free in his action.
Article 1137: The guardian of a permanently mad person, can divorce the wife of the latter if the interests of the person under his custody allow him to do so.
Article 1138: The actual ritual utterance of divorce can be performed by an attorney.
Article 1139: Divorce is specially appointed for cases of permanent marriage: a temporary wife is relieved from marriage by the expiry of the period of marriage or by wavier of the remaining period by her husband.
Article 1140: Divorcing of a woman in her monthly period is not correct, unless the woman is pregnant, or the divorce happens before having matrimonial relations, or the husband is absent so that he can not be aware of her monthly period.
Article 1141: The divorce in the period between two menses during which sexual intercourse has taken place, is not correct unless she is pregnant or menopause.
Article 1142: The divorce of a woman who is incapable of conception because of her age, when is correct that it passed three months after having matrimonial relations with her.
Article 1143: There are two forms of divorce, irrevocable divorce and revocable divorce.
Article 1144: After an irrevocable divorce the husband has not the right to renounce his intention of divorcing.
Article 1145: In the following cases the divorce is irrevocable: 1-the divorce before occurrence of matrimonial relations, 2-the divorce of menopause, 3- repudiation of marriage by wife (KHULA), and MOBARAT divorce as long as she returns to compensate, 4-the third divorce after the three frequent marriages either the marriage is because of returning or because of new marriage contract.
Article 1146: A “Khul`s” divorce occurs when the wife obtains a divorce owing to dislike of her husband, against property which she cedes to the husband. The property in question may consis of the original marriage portion, or the monetary equivalent thereof, whether more or less than the marriage portion.
Article 1147: A “Mobarat” divorce occurs when the dislike is mutual in which case the compensation must not be more than the marriage portion.
Article 1148: The husband has the right to renounce divorce in a revocable divorce provided that the period of “Iddah” has not expired.
Article 1149: Return to the wife after divorce can be effected by any word or deed which may convey the idea, provided that it is based on an intention to do so.
On wife`s period of waiting
Article 1150: Iddah consists of a period during which a woman whose matrimonial bond has been dissolved cannot marry.
Article 1151: The period of Iddah for a divorce or for the dissolution of a marriage consists of three consecutive monthly periods of a woman unless the woman concerned though of child-bearing age has no monthly period, in which case the period of Iddah will be three months.
Article 1152: The period of Iddah for divorce or dissolution of marriage or waiver of the remaining period or its expiry in the case of temporary marriage for a non-permanent woman is the expiry of two monthly periods unless contrary to the nature of her age, she has no such periods, in which case the period will be 45 days.
Article 1153: The period of Iddah for divorce or dissolution of marriage act or waiver or expiry of the period of marriage in the case of a woman who is pregnant will be until she given birth to a child.
Article 1154: The period of “Iddah” in the case of death (of husband) in both permanent and temporary marriage will be four months and ten days, unless the wife is pregnant when the Uddah comes to an end with the birth of the child provided that the interval between the death of the husband and the birth of the child is longer than four months and 10 days; if not, the period of Uddah will be the same four months and 10 days.
Article 1155: A woman who has the matrimonial relations with her husband and a menopause woman do not have uddeh of divorce nor the uddeh of cancelation of marriage, but in both cases the uddeh of death must be considered.
Article 1156: The wife of a continuously absent husband, whose whereabouts are unknown, if divorced by a judge, must observe Iddah for death, starting from the date on which the divorce was granted.
