Author = Hajebi, Kobra
Psychology of Women and Family

Examining the Jurisprudential and Legal Dimensions of Online Marriages and Related Contracts with Emphasis on Women's Rights

Volume 7, Issue 4, Winter 2026, Pages 93-105

https://doi.org/10.22034/jwir.2025.2065401.1001

Kobra Hajebi, Mostafa Ameri Siahoui

Abstract The purpose of this study was to examine in depth the jurisprudential and legal dimensions of online marriages and related contracts, with a special emphasis on women's rights. The necessity of conducting this research arose from the fact that, in the era of modern technologies and the expansion of social relations in virtual space, the issue of online marriage has gained significant importance as an emerging phenomenon in legal and jurisprudential systems.The present research was carried out using a descriptive-analytical method, and the data were collected through the study and analysis of reliable jurisprudential, legal, and social sources. The research population included classical jurisprudential texts, the domestic laws of the Islamic Republic of Iran, as well as international documents and regulations related to marriage contracts and associated agreements, which were examined with a comparative and analytical approach.The findings of the study showed that, from the perspective of Islamic jurisprudence, the realization of the will and consent of the parties, valid digital identity verification, the presence and validity of witnesses in the virtual space, and the possibility of official registration of the marriage are among the most important jurisprudential challenges of online marriage. From the legal aspect, the results also showed that the lack of comprehensive and explicit regulations regarding online marriage contracts, the difficulty of proving the official nature of the marriage in courts, the incompatibility of e-commerce regulations with the special nature of marriage, and the lack of sufficient enforcement guarantees for the conditions stipulated within the contract are considered among the main obstacles to the proper implementation of this type of marriage.The analysis of the data indicated that these gaps and challenges, in particular, place women more than other groups at risk of legal, social, and even cultural harm and can seriously threaten their legal security and social status. In general, the results of this research emphasize the necessity of reviewing and developing new jurisprudential and legal regulations appropriate to the new conditions of virtual space and the phenomenon of online marriage. It is also suggested that, alongside the reform and adoption of laws, educational, judicial, and social support for women should be strengthened so that they face greater security and fewer harms in the process of online marriages.This research can be used as a preliminary step for lawmakers, jurists, and social policymakers to reconsider traditional frameworks and adapt them to the needs of today’s society.