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63 About this deal
A bill aimed at protecting children and adolescents against violence was passed in June 2020 [footnote 73]. Radio Farda noted the bill defines ‘a child is a person who has not reached the “Sharia age of puberty”, and adolescents are defined as “persons under the age of eighteen” who have reached the “Sharia age of puberty”.’ [footnote 74]
Early marriage in Iran leaves girls vulnerable to domestic abuse. About 47 per cent of girls interviewed in the Imam Ali report had a history of bruises, 21 per cent had physical lesions, 53 per cent had experienced broken bones and 3 per cent suffered permanent physical damage. According to a 2016 report by researcher Kameel Ahmady, 21 per cent of married girls surveyed by the organization reported being forced to have sexual relations with their husbands. Few had raised any objection to the forced sexual activity, believing it was part of their marital duties.To determine whether marriage is in the interests of the child, most judges only rely on a medical certificate issued by the Legal Medicine Organization testifying to the physical growth of the child. At most, they will ask the child a few broad questions about the meaning of marriage…’ [footnote 130] The structure and content of the country information section follows a terms of reference which sets out the general and specific topics relevant to this note. The Danish Immigration Service report of 2018 noted, according to various sources, that a person may marry without their family’s consent if a court approves it [footnote 114]. However, ‘The father’s legal permission is necessary if a virgin woman wants to marry with the consent of her family. In the absence of the father, the paternal grandfather has the legal capacity to give consent to the marriage. If a woman has a record of previous marriage, no consent by father or grandfather will be required when entering into a marriage.’ [footnote 115] The IHRDC report noted that Article 1133 of the Civil Code was amended in 2002, adding ‘While the old article provided that a man could divorce his wife whenever he wishes without any judicial procedure, the amended article provides: “A man can divorce his wife under the conditions of the current law and by applying to the court”.’ [footnote 55]
Unlike a temporary marriage, a so-called ‘white marriage’ was, according to an anonymous source cited in a joint report by the Danish Immigration Service and the Danish Refugee Council, published February 2018, deemed as an ‘illicit cohabitation between a man and a woman who are not married’ [footnote 27], though such relationships were said to be common in Tehran and other major cities [footnote 28] [footnote 29]. Muslim women may only marry Muslim men. Zoroastrians, Jews and Christians issue marriage contracts in accordance with their religious laws (see Marriage and religion). Section 6 updated: 1 December 2021 6. Early and forced marriage 6.1 Definition of early and forced marriage Girls Not Brides, a global partnership of more than 1,500 civil society organisations committed to ending child marriage, noted in regard to Iran, ‘… while there are some reformist politicians and activists advocating for a change to Iran’s marriage laws, there has been little progress in recent years and the issue remains sensitive.’ [footnote 183] Child (or early) marriage is a marriage where either or both the bride and groom (but in reality, most predominantly the bride) is/are under the legal age of eighteen, which is the age limit for protection under the 1989 Convention on the Rights of the Child. … Child marriage is also sanctioned by some religious discourses. While the religious possibility is hardly ever the reason behind child marriage, it is a significant facilitator that both adjusts the moral tone and affects legal possibilities.’ [footnote 123]
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The 2013 IHRDC report noted that ‘… the natural guardian (vali-ye-qahri: father or paternal grandfather) has the right to marry for and on behalf of his minor daughter, in compulsory marriage. While in other Islamic schools the natural guardian has the right to marry even for his adult daughter, in Hanafi and Shi’ite law, only minor girls may be contracted in compulsory marriage, and adult women may conclude their own marriage contracts.’ [footnote 112] However, the report also explained that ‘… even adult women are not completely free to marry for the first time at their own discretion. There is still a restriction which affects their freedom of marriage as long as they are a “virgin”.’ [footnote 113] Children are viewed as a continuation of the husband’s family. It is customary for women to lose their right to raise their children when they remarry, unless the new husband is a close relative of the previous one. In Iran’s traditional communities, widows typically marry the brother of their late husband. According to the Iranian Civil Code, the mother is the primary custodian of any children under the age of seven, after which custody is automatically transferred to the father. This can nevertheless be challenged, in which case the court will rule in the child’s best interests. Children who have reached the Islamic age of maturity – nine lunar years for girls and 15 lunar years for boys – have a right to express their views in court. Note- Women, who appear in public places and roads without wearing an Islamic hijab, shall be sentenced to ten days to two months’ imprisonment or a fine of fifty thousand to five hundred Rials.’ [footnote 102] In regards to temporary marriages, the EJIMEL report noted there were 2 legal possibilities to register a temporary marriage: Fear of persecution or serious harm by non-state actors because the woman or girl is at risk of an early or forced marriage. 1.2 Points to note
The USSD Human Rights Report for 2020 stated that ‘Most rape victims likely did not report the crime because they feared official retaliation or punishment for having been raped, including charges of indecency, immoral behavior, or adultery, the last in which conviction carries the death penalty. Rape victims also feared societal reprisal or ostracism. There were reports that approximately 80 percent of rape cases went unreported.’ [footnote 191] It went on to explain that ‘Authorities considered abuse in the family a private matter and seldom discussed it publicly.’ [footnote 192] According to a report on gender inequality in Iran, published in 2013 by the Iran Human Rights Documentation Center (IHRDC), ‘Under Islamic Shari’a marriage is not considered as a sacrament but defined as a civil contract between a man and his wife.’ [footnote 1] Religious marriages must be registered with the authorities to be considered legally valid by the state [footnote 2]. if a claim is refused, it is likely or unlikely to be certifiable as ‘clearly unfounded’ under section 94 of the Nationality, Immigration and Asylum Act 2002.
Recently, temporary marriage has been advocated for mostly by conservatives who continue to present it either as a solution for women in vulnerable socio-economic conditions to be protected by men, or as a reaction to the moral panic on Iranian youth’s lifestyle. It is seen as a way to hinder un-Islamic relationships that – as it is portrayed by the conservative political and religious forces – have become increasingly more prominent among young Iranians. Despite the continuous promotion of temporary marriage, it remains a largely unpopular practice among young Iranians, and for this, it is often practiced in secrecy. This is while equal rights and equality before the law, without any exception, are among the basic principles articulated in different international instruments on human rights. For example, Article 2 of the Universal Declaration of Human Rights (UDHR) and Article 2 of the International Covenant on Civil and Political Rights (ICCPR) protect every person’s human rights “without distinction of sex.” The IRI’s national laws fail to uphold these principles and instead apply an unequal and discriminatory system on the basis of gender.’ [footnote 186] In 2014, Reuters reported on the increase in divorces in Iran, especially in large cities, indicating a ‘fundamental shift in Iranian society’, particularly in regard to the status of women, who ‘are more educated and have increased financial empowerment’, according to said Hamid Reza Jalaipour, a sociologist at Tehran University [footnote 97]. The Norwegian Country of Origin Information Centre, Landinfo, provided information in a report on Iran’s welfare system, based on a range of sources, dated August 2020, and noted the State Welfare Organization (SWO), part of the Ministry of Cooperatives, Labour and Social Welfare, offered avenues of support for women and girls affected by domestic violence, including 2 hotlines (123 – a general line, but also for victims of domestic violence – and 1480 for children) to the social emergency institution (urzhans-e ejte
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