The status of a married woman leaving the country
The status of a married woman leaving the country : In our country, according to the prevailing laws, unlike the departure of men from the country, which does not have special requirements, there are restrictions for the departure of women according to their conditions. These restrictions mean that leaving the country requires the consent and permission of the guardian, spouse, and even in some cases, the prosecutor in this regard. According to the law, women who are living polytheists need to have a spouse’s consent form in order to get permission to leave the country. This procedure will last until the end of their life together. People before marriage should have enough information about this issue. Because the wife or husband, if necessary, can go to the passport police to prevent him from leaving the country and confiscate his wife’s passport. In this article, we want to address this issue, that is, the departure of married women from the country.
A married woman leaving the country
As we said, there are special laws in Iran for married women to leave the country. According to Article 18 of the Passport Law, married women need the permission of their husbands to issue passports. Also, according to Article 19 of the same law, if the couple waives their permission to leave. Therefore, the couple can waive their exit permission whenever they want.
But it is very important that in exceptional cases for women to leave the country, there is no limit to the permission of the spouse. These exceptional cases are:
Husband and wife should live abroad together.
Women who marry foreign spouses but remain Iranian citizens.
According to the theory of the Guardian Council, women who are going to travel for Hajj Tamattu.
If the agreement to leave the country is a condition in the contract.
If the emergency exit of the woman is necessary and in this case the prosecutor also agrees to it.
If the woman has a power of attorney to leave the country from her husband.
So we know that except for the cases mentioned above, married women need their husband’s permission to leave the country. In the following, we will briefly examine the conditions for women and girls who are not married to leave the country.
The departure of unmarried women and girls from the country
Earlier, we mentioned the conditions and exceptions for married women leaving the country. Now, if the woman or girl was not married, what would Shazait be from? Stay with us to answer this question.
Conditions for leaving the country for unmarried women and girls under the age of 18: In order for unmarried girls under the age of 18 to leave the country, they need the notarized permission of their father and legal guardian, and without this permission they do not even have the right to receive a passport, let alone be able to leave the country. leave the country The important point is that the consent and accompaniment of the mother does not affect the departure of the under-18s from the country.
The right to leave the country for women and unmarried girls over 18 years of age: unlike girls under 18 years of age, in order for girls over 18 years of age to obtain a passport, they do not need permission, and the law does not specify any restrictions in this regard for them. Having a passport does not mean that there are no restrictions on leaving the country, and guardians can prevent unmarried girls over 18 from leaving.
A married woman leaving the country in a temporary marriage
Many women are hesitant about whether they will be allowed to leave the country after the temporary marriage period. It is possible to issue a temporary contract under different conditions. In a temporary marriage, since the woman is not dependent on her husband, she is not obliged to live in his house. As a result, these people do not need the written consent of their spouse. If a man and a woman are forced to enter their temporary marriage in the birth certificate, this does not prevent the married woman from leaving the country. In other words, by proving a temporary marriage, a woman can get her passport and even leave the country without her husband’s permission.
The method of leaving the country for a married woman without her husband’s permission
There are ways for a married woman to leave the country without getting her husband’s permission, which we will discuss in this section. In other words, these methods depend on the man. A man gives his wife the right to leave the country in two ways. So that there is no longer a need for a woman to get her husband’s consent form to leave the country.
The first method: At the beginning of her life and during her marriage, a woman can raise the condition of permission to leave the country. If this matter is approved by his wife, he will have no problem leaving the country.
The second method: This method is related to after the marriage. If after the marriage, the wife decides to give her the right to leave the country, he can give her a notarized permission to leave the country permanently by giving her an official power of attorney.
In the second method, it is better to keep the following points in mind so that the married woman can complete the section related to the permission of her husband by herself with the power of attorney in her hand at the passport office:
This agreement must be drawn up in the form of an official power of attorney document (without leave) in one of the notary offices.
Otherwise, in the future, your wife may justify her previous action due to regret and other reasons. As a result, take action to ban the lady from going out; For this reason, you should pay attention to the nature of your agreement.
A married woman leaving the country without her husband’s permission
As we mentioned in this article, a married woman’s departure from the country requires the written permission of her husband. It is interesting to know that for this reason, there is a specific section for the husband’s consent and his signature in the passport forms. This case should be recognized as a general rule in Iranian law. In between, there are only a few cases. Including:
Leaving a woman without her husband’s permission depends only on her circumstances and the opinion of the court. In some cases, permission to leave the country for a short period of time (a few days) may be issued to women.
Recently, the National Security Commission of the Islamic Parliament proposed a plan for approval. This plan is intended to enable elite women to leave the country for scientific, cultural and sports purposes without the permission of their husbands, courts or organizations. Of course, this plan has not yet been approved.
In addition to the things we mentioned earlier. Such as :
If the woman marries a foreign man and remains with her Iranian citizenship.
Women who live abroad with their husbands.
Women who are going to Hajj.