Iran is a theocratic republic; as such, the situation of women is very much affected by Islam and Sharia law. The Constitution supports equal rights to a large degree, but its enforcement is generally poor and discriminatory provisions still remain.
Women’s rights activists in Iran continue to face obstacles in their attempts to improve the conditions for women. Some members of the “Campaign for Equality” (a network aiming to end legal discrimination against women in Iran) have even been arrested following demonstrations demanding equal rights. Nevertheless, a study by Moghadam notes that women’s human rights in Iran have advanced, especially in regard to family, religion and community.
Iranian women still face many challenges within the family context. The average age of marriage appears to be increasing for both men and women, but the incidence of early marriage is still high. The legal age of marriage is 13 years, and Amnesty International reports that fathers have the right to apply for permission to marry their daughters as early as the age of nine. A 2004 United Nations estimated that 18 per cent of girls in Iran between 15 and 19 years of age were married, divorced or widowed. Polygamy is legal, following provisions in Sharia that allow Muslim men to take up to four wives.
In a study of Sharia law, Uhlman shows that parental authority generally rests with fathers in Iran, reflecting the Sharia principle that fathers are the natural guardians of their children. In the event of divorce, recent legal amendments automatically grant mothers physical custody of children until the children reach the age of seven years. Previously, mothers could maintain custody of sons only until the age of two.
Islamic law provides for detailed and complex calculations of inheritance shares. Women may inherit from their father, mother, husband or children and, under certain conditions, from other family members. However, their share is generally smaller than that to which men are entitled. Daughters, for example, typically inherit half as much as sons.
Protection for the physical integrity of women in Iran is low. Violence against women is reportedly common: a majority of Iranian women admit to having experienced violence from their fathers or male relatives and, later in life, from their husband and his family. To date, the law lacks specific legal provisions to protect women who have been victims of physical or psychological abuse. The law does not recognise the concept of spousal rape.
The Integrated Regional Informational Networks (IRIN), which collects humanitarian news and analysis for the United Nations, reports that while female genital mutilation is not a general practice in Iran, it is believed to occur in regions bordering Iraqi Kurdistan.
The population sex ratio in Iran tilts slightly in favour of men, suggesting an occurrence of missing women. This may reflect a general preference for sons, who are in a better position to strengthen the household financially as they grow older.
Women in Iran are treated more equally in regard to ownership rights. There are no legal restrictions on their access to land or access to property other than land, although various reports indicate the number of female land and property owners is relatively low due to social and cultural norms.
Similarly, women do not face legal discrimination in relation to access to bank loans and other forms of credit. However, because they have limited access to collateral (usually in the form of land), banks often view women as higher credit risks than men.
Iranian women live under a regime that constrains their civil liberty. Their freedom of movement is not restricted per se, but the extent to which they can move freely outside the household often depends on the husband. The tradition of purdah – the seclusion of women from public observation, either through physical barriers (such as screens, curtains or high walls) or the wearing of clothes that conceal women from head to toe – is practised to varying degrees and limits women’s right to move independently. Iranian women also need their husband’s permission to travel outside the country.
Similarly, women’s freedom of dress is very limited in Iran. When in public, they are obliged by law to wear a veil, known as a hijab. This law also extends to Iran’s religious minorities and foreign female visitors. Most women also wear a long cloak, called a chador.
Amnesty International (2007a), Iran: Authorities Thwart Campaign for Gender Equality, www.amnesty.org/en/news-and-updates/news/iran-women-discrimination-20070823.
Amnesty International (2007b), “Discrimination, Arrest and Imprisonment: the Struggle for Women’s Rights in Iran”, Urgent Action in Focus, March 2007, ACT 60/006/2007, Amnesty International, London.
Feminist Majority Foundation (n.d.), Iranian Women Win Better Child Custody Rights, http://feminist.org/news/newsbyte/uswirestory.asp?id=8200, accessed: January 2008
Hoodfar, H. (1999), The Women’s Movement in Iran: Women at the Crossroads of Secularization and Islamization, Iran Chamber Society, www.iranchamber.com/society/articles/women_secularization_isla¬mization5.php.
IRIN (Integrated Regional Information Network) (2005), Middle East: FGM Still Largely an Unknown Quantity in Arab World, Humanitarian News and Analysis, United Nations Office for the Coordination of Humanitarian Affairs, New York, www.irinnews.org.
Klasen, K. and C. Wink (2003), “Missing Women: Revisiting the Debate”, Feminist Economics, Vol. 9,No. 2-3, Routledge, London.
Moghadam, V. (2003), Towards Gender Equality in the Arab/Middle East Region: Islam, Culture and Feminist Activism, Background Paper for HDR 2004, UNDP (United Nations Development Programme), New York, NY.
Uhlman, K. (2004), Overview of Shari’a and Prevalent Customs in Islamic Societies: Divorce and Child Custody, Expert Law, www.expertlaw.com.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
Women’s Forum Against Fundamentalism in Iran (WFAFI), www.wfafi.org, accessed: January 2008.
