Prenuptial Agreements And The Transformation Of Marriage Patterns In Contemporary Iran: An Interdisciplinary Analysis From Legal And Sociological Perspectives

This article presents an interdisciplinary analysis of the evolving role of prenuptial agreements (‘Aqd-e Ezdevaj) in the transformation of marriage patterns in contemporary Iran. Situated at the intersection of family law and sociology, the study argues that prenuptial agreements have transcended their traditional legal function to become a significant social phenomenon, reflecting and facilitating a shift from traditional, collectivist marriage models towards modern, individualized, and contractual unions. The analysis first delineates the legal framework, contrasting the default provisions of Iranian civil law, derived from Shi’a jurisprudence, with the innovative clauses women introduce via the marriage contract to secure rights pertaining to divorce, custody, and financial autonomy. Sociologically, the paper examines the drivers of this trend, including rising female literacy, economic pressures, and a growing culture of risk-aversion among urban youth. The findings indicate that prenuptial agreements serve as a pragmatic instrument for navigating the inherent tensions between traditional legal structures and modern aspirations for gender equality and personal freedom, thereby reconfiguring the very institution of marriage in Iran. The article further explores the limitations of this agency, the male perspective in negotiations, and the theoretical implications of this form of legal hybridity for other Muslim-majority societies.

Keywords:

Prenuptial Agreements , Iranian Family Law , Marriage Patterns , Sociological Change , Gender Relations , ‘Aqd-e Ezdevaj , Legal Anthropology , Masculinity Studies