Authored By: Oyinkansola Adeyemo
Bowen University
INTRODUCTION
The family law is the law that protects the social and legal status of women all over the world. These laws particularly regulate the institution of marriage, divorce, guardianship, and inheritance. In Iran, these family laws are embedded in Islamic laws, and they often reflect patriarchal interpretations which frequently leave the women at a disadvantage.
International human rights instruments such as the universal declaration of human rights (UDHR) and the international covenant on civil and political rights (ICCPR) guarantee equality and non-discrimination, yet the domestic laws in Iran often fall short of these standards. According to Iranwire on September 14, 2022, Iranwire published a first report revealing that a young woman later identified as Mahsa Amini had fallen into a coma after an arrest by the morality police. In 2022, the death of 22-year-old Mahsa Amini while in police custody became the catalyst for nationwide protests and drew intense international criticism.
This article examines the provision of the Iranian family law affecting women, compares them with the international human right norms or morals and argues that significant reform is necessary to achieve true protection of the rights of women.
ABSTRACT
This article examines the status of women under Iranian family law and its compatibility with international human rights norms. Family law in Iran, which is deduced primarily from Islamic jurisprudence, governs critical aspects of women’s lives including marriage, divorce, guardianship or custody, inheritance, and freedom of movement. While international instruments such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) establish principles of equality and non-discrimination, Iranian legal provisions often allow for systemic gender inequalities. Through an analysis of Iranian statutes alongside international legal frameworks, this article highlights areas of conflict, particularly in relation to child marriage, divorce rights, and inheritance. The study also considers past reform efforts, the role of women’s movements, and the impact of recent protests that have reawaken debates on gender justice in Iran. It argues that without a well thought legal reform, women in Iran will remain marginalized within both private and public spheres, and that international engagement and domestic advocacy remain crucial for advancing women’s rights.
RESEARCH METHODOLOGY
This article adopts a doctrinal research methodology, relying on primary legal texts such as the Iranian Civil Code and international human rights instruments, alongside secondary sources including scholarly commentary, NGO reports, and UN documentation. The analysis is qualitative and desk-based, aiming to critically evaluate the extent to which Iranian family law conforms with or diverges from international human rights standards.
A.) LEGAL FRAMEWORK GOVERNING WOMEN IN IRAN
Iranian law which is rooted in the civil code and constitution grants women unequal right in family matters, despite the constitution’s assurance of equality. Despite the law stating equality for both genders, the civil laws and other laws made in the region states otherwise. The civil code and other laws made establishes a system of male guardianship and places restrictions on women’s rights to employment, movement, and divorce, which in Iran are often subject to the approval of the Husband in a marriage and the male relatives in other cases.
The legal framework has created a system where a woman’s legal status is significantly lower than that of a man. The debate around access to justice for women in Iran is complicated, often entangled with questions of women’s unequal status under Islamic law and the political system. Some scholars argue that framing the issue solely as a lack of substantive justice under Islam risks oversimplification. Nonetheless, many Iranian women activists, particularly those in exile, link the denial of justice to the rise of legal and political Islam[1]
CIVIL CODE PROVISIONS AND DISCRIMINATORY PRACTICES.
The Iranian civil code (1928, as amended) is deeply influenced by sharia (Islamic jurisprudence), especially Jafari (Shia) interpretations.
Women’s rights in marriage, divorce, guardianship or child custody and inheritance are extensively limited. For instance:
- A man can unilaterally divorce his wife, while for a woman to make the same decision, she must prove specific grounds beyond reasonable doubt. For example, harm or abandonment.
- The law of inheritance in Iran allows for the woman to only have half the shares that a man would get in equivalent situations.
- The guardianship rights or child custody rights are very much limited or restricted in that mothers may lose custody of the sons at the age of 2 and the daughters at the age of 7.[2]
The constitution of Iran (1979), while guaranteeing equality in theory, also subordinates rights to Islamic criteria (art. 20 and21), which leaves space for discriminatory interpretations.
DISCRIMINATORY PRACTICES
- In practice, the judiciary and state institutions enforce these laws in ways that disadvantage women even further.
- The courts also often interpret the provisions of the law especially in custody or guardianship cases in favour of the fathers.
- Restrictions on attires of the women, employment situations, and even the political participation are justified legally as protecting the “Islamic values”.[3]
JUDICIAL INTERPRETATION AND CASE APPLICATION
The judicial interpretation in Iran often reinforces discriminatory provisions rather than mitigating them, notably in cases of legal responsibility being unequal especially for girls at approximately 9 years old and boys at approximately 15 years old.
For instance;
- Unequal legal age of legal responsibility:
Under the Iranian interpretation of the sharia law, the girls attain a legal age at approximately 9 years and the boys at approximately 15 years. This is a disparity that has been argued against for the longest time but because it is the Islamic interpretation of the sharia laws, it has been accepted as the legal norm or standard.
- Hijab and public morality cases:
The judiciary has enforced mandatory hijab laws harshly, the refusal to adhere to this law by a woman could lead to arrest or even death of the individual. [4]Women found protesting compulsory veiling like the case of ‘the girls of revolution street cases, 2017’ in this case, women removed their head scarfs peacefully in protest against compulsory hijab were prosecuted under the “morality” and the ‘public order” laws stating they were promoting corruption and prostitution. This case shows lack of Independence and total reliance on Conservative Sharia.
- Judicial Independence is Limited, the judges in Iran are appointed and supervised by the Head of the Judiciary, who is directly appointed by the Supreme Leader (Constitution, art. 157). This means the judiciary is not independent but tied to the political-religious establishment, women’s rights cases are therefore decided within a politicised and religiously conservative framework, not neutral adjudication.[5]
- Mandatory Reliance on Sharia
[6]According to article 4 of the Constitution, which states that, “All civil, penal, financial, economic, administrative, cultural, military, political, and all other laws and regulations must be based on Islamic criteria.” Judges are required to interpret the law according to Sharia principles, often following conservative clerical rulings, where statutes are silent, judges refer to authoritative Islamic sources (Civil Code, art. 167)
- In recent cases like that of [7]Mahsa Amini in which the judiciary defended the morality police after Mahsa Amini died in custody for allegedly wearing “improper hijab”. The court prosecuted the protesters instead of holding the officials accountable.
Critical Evaluation
This shows how judicial interpretation entrenches discrimination rather than providing remedies, even when statutes might be read in a more balanced way, judges defer to patriarchal Sharia readings.
International women’s rights standards have no weight in Iranian courts.
RECENT DEVELOPMENT AND REFORM EFFORTS.
- One of the recent developments made is the withdrawal of draft law on violence against women, a much-needed bill titled [8]“safeguarding women dignity and protecting them against violence” was withdrawn after hardliners diluted its provisions and replaced the term “violence” with “ill-behaviour”, effectively stripping away protections and broader penalties for abuse. The bill was sidelined and diluted not to mean as much as it’s supposed to and still protect the violators.
- Another is the [9]Hijab and chastity law escalation and delays, in September 2023 the Iranian lawmaker approved a draft hijab and Chastity law comprising 70 articles and more that invite intensifying penalties, extended surveillance authority, and institutional enforcement of dress codes, this was ratified by the guardian council in late 2024. This law has been postponed multiple times due to fears of political resistance and public opposition Iranian authorities including the supreme national security council, have instructed parliament not to implement yet, this is a small but important reform effort.
- [10]The international pressure from both the UN and the NGOs calling for reforms to guarantee women’s equality and privacy. Though the pressure is external, it pushes Iran to review its discriminatory laws.
The actual reforms are limited and fragile, mainly due to delays, pushbacks, and international civil pressure rather than full legal change. These little reforms still show cracks in Iran’s rigid system and are worth analysing.
SUGGESTIONS/WAYFORWARD.
The plight of Iranian women is not simply a question of legal text; it is a question of human dignity. Behind every discriminatory statute or laws is a lived story of a woman whose freedom, aspirations, or safety has been curtailed. Therefore, any discussion of reform must begin with the recognition that women are human, and women’s rights are human rights, and that justice is hollow if half of society remains excluded from its full protection.
A first and crucial step is the reform of discriminatory provisions in the Civil Code and Penal Code or the Iranian society. Laws denying women equal rights in marriage, divorce, inheritance, custody and public life, must be re-examined through equality and fairness. Legal reform should not be seen as an erosion of culture or faith, but as a means of reaffirming the universal value of justice. Indeed, interpretations of Sharia that respect women’s dignity exist within Islamic scholarship, and Iran has the capacity to embrace those traditions while fulfilling its constitutional and international commitments.
Second, Iran’s judiciary must be allowed the independence to function as a genuine arbiter of rights. Courts should be a place where women can seek redress without fear of bias or political interference. Strengthening judicial independence is not merely a technical reform; it is a moral imperative. A judiciary that hears the voices of women fairly is one that restores trust in the very idea of justice.
Third, international engagement offers an avenue for progress. The ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) would signal Iran’s willingness to stand with the global community in affirming women’s equality. While international treaties cannot by themselves transform domestic realities, they provide women and reformers with a stronger platform to advocate for change. At the same time, Iran should cooperate with UN monitoring mechanisms and allow space for dialogue with NGOs and human rights defenders, both local and international.
Equally important are domestic efforts. Civil society must be nurtured, not suppressed. The courage of Iranian women who continue to demand freedom despite surveillance, imprisonment, and social stigma illustrates the resilience of the human spirit. Protecting their right to organise, speak, and campaign is essential. History shows that sustainable reform is driven from within, and Iranian women are already charting that path with remarkable bravery.
Finally, the way forward lies not in control through surveillance or coercion as proposed, but in cultivating trust between state and society. A government that fears its women is a government that denies its own future. True reform will require a willingness to listen to the mothers who want education for their daughters, to the women who want a chance of employment and equal wages and to the young women who long simply to walk in public with dignity.
Reform in Iran will not come overnight. But recognising women as equal partners in the nation’s journey is the surest guarantee of the beginning of a prosperous and peaceful society. To return to the essence of justice is the equal worth of every human being.
CONCLUSION
The struggle for women’s rights in Iran is not a distant or abstract issue, it is a daily reality that shapes the lives of millions. This article has traced the legal framework, discriminatory provisions, structural barriers within the judiciary, and the social consequences of a system that denies women equal access to justice. It has also examined recent developments, highlighting both regressive practices like the morality policing and the fragile reform efforts driven by civil society, reformist politicians, and international pressure.
The central theme that emerges is one of tension between law and justice, between repression and resistance, between fear and hope. Iranian women continue to bear the brunt of restrictive laws, yet their resilience remains a driving force for change. While the state has relied on conservative Sharia interpretations to preserve inequality, alternative interpretations which are rooted in justice and dignity offer a pathway towards reform.
Ultimately, the way forward demands both internal and external commitment. Domestically, discriminatory laws must be amended, and judicial independence strengthened. Internationally, Iran must engage sincerely with human rights instruments and allow space for reform and dialogues. Above all, women’s voices must be heard, respected, and protected.
The measure of a just society lies in how it treats its most vulnerable. For Iran, recognising the equal humanity of women is not merely a legal necessity it is also a moral expectation. The journey towards reform is long, but the aspiration for dignity, freedom, and justice is one that cannot be silenced.
BIBLIOGRAPHY (OSCOLA Style)
Books and Book Chapters
Homa Hoodfar and Shadi Sadr, ‘Islamic Politics and Women’s Quest for Gender Equality in Iran’ in Valentine Moghadam (ed), Access to Justice in Iran: Women, Rights, and Legal Empowerment (Cambridge University Press 2009).
Journal and Report References
UN Human Rights Council, Report of the Office of the United Nations High Commissioner for Human Rights about human rights in the Islamic Republic of Iran (A/HRC/55/20, 2025) https://www.ohchr.org/en/documents/country-reports/ahrc5520-situation-human-rights-islamic-republic-iran-report-office accessed 4 September 2025.
Amnesty International, Iran: Women, Life, Freedom – A Year of Repression Since Mahsa Amini’s Death (Amnesty International, 2023) https://www.amnesty.org/en/documents/mde13/7089/2023/en/ accessed 4 September 2025.
News articles
Patrick Wintour, ‘Iran steps up surveillance to enforce hijab law with drones and apps’ The Guardian (London, 4 March 2025) https://www.theguardian.com/world/2025/mar/04/iran-steps-up-surveillance-to-enforce-hijab-law accessed 4 September 2025.
Jon Gambrell, ‘Iran pauses enforcement of stricter hijab law amid backlash’ Associated Press (New York, 18 December 2024) https://apnews.com/article/iran-hijab-law-paused-2024 accessed 4 September 2025.
Jon Gambrell, ‘UN report details Iran’s use of surveillance to control women’ Associated Press (New York, 11 March 2025) https://apnews.com/article/iran-surveillance-un-report-2025 accessed 4 September 2025.
Patrick Wintour, ‘Iran’s morality police return as Noor Campaign ramps up hijab enforcement’ The Guardian (London, 25 April 2024) https://www.theguardian.com/world/2024/apr/25/iran-morality-police-return-noor-campaign accessed 4 September 2025.
Najmeh Bozorgmehr, ‘Reformists push Iran president to scrap new hijab law’ Financial Times (London, 20 December 2024) https://www.ft.com/content/iran-reformists-scrap-hijab-law accessed 4 September 2025.
International Treaties
International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171.
Convention on the Elimination of All Forms of Discrimination against Women (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13.
[1] Haideh Hoodfar and Shadi Sadr, ‘Islamic Politics and Women’s Access to Justice in Iran’ in Elisa Orietta Pisanelli (ed), Access to Justice in Iran: Women, Perceptions, and Reality (Cambridge University Press 2019) 892.
[2] Civil Code of the Islamic Republic of Iran 1928 (as amended), arts 907, 1133, 1169.
[3] constitution of the Islamic republic of Iran 1979, arts. 20-21
[4] amnesty international, Iran: harsh sentences for women’s rights defenders (2019)
[5] Who are judges in the Islamic republic of Iran – NET
[6] Iran chamber society: the constitution of the Islamic republic of Iran.
[7] Human rights watch, Iran: prosecution over protests after Mahsa Aminis death (2022)
[8] The Guardian – Digital Surveillance, Drones, and the Nazer App
Skylar Thompson, Drones, informers and apps: Iran intensifies surveillance on women to enforce hijab law The Guardian (24 March 2025) https://www.theguardian.com/global-development/2025/mar/24/iran-police-women-surveillance-hijab-drones-dress-code-law accessed (9 September 2025)
[9] AP News – Hijab Law Implementation Paused Associated Press, Iran pauses the process to implement a new, stricter headscarf law for women, official says AP News (18 December 2024) https://apnews.com/article/iran-mandatory-headscarf-hijab-law-protests-26e6015d6e47b18238f0ac4c08c4d33a accessed [9 September 2025].
[10] UN Human Rights Council, Report of the Office of the United Nations High Commissioner for Human Rights about human rights in the Islamic Republic of Iran (A/HRC/55/20, 2025) https://www.ohchr.org/en/documents/country-reports/ahrc5520-situation-human-rights-islamic-republic-iran-report-office accessed 4 September 2025.
