Iran's Family Protection Law
Encyclopedia
In 1967, Iran
adopted a set of progressive family laws, the Family Protection Act, which granted women more rights in the family; those rights were expanded in the Family Protection Law of 1975. Though the act was annulled in 1979 after the Islamic Revolution when Sharia
law was re-introduced, the Family Protection Acts still stand out today for having been ahead of their time, particularly in a Muslim-majority country.
Today, parts of the acts have been reintroduced in Iran, while others are under consideration. For instance the 1967 bill set up Special Courts for family matter. They were dissolved after the revolution, but Special Civil Courts were re-established in 1979 to adjudicate over matter relating to family law, succession and awqaf. Similarly, some legislative changes have moved family matters in a more progressive direction in the areas of minimum age of marriage, child custody and the grounds on which women can request divorce.
In 1962, Iranian law regarded women as being in the same class as minors, criminals, and the insane: they could not vote nor stand for public office, were not allowed the guardianship of their own children, could not work nor marry without permission of their male “benefactors,” could be divorced at any moment (with or without their prior knowledge, through the utterance of a simple sentence by the husband), and could be faced with the presence of a second, third, or fourth wife in their home at any moment-with no legal, financial, or emotional recourse. They could not become guardians of their children even after the father’s death. They could not transfer their citizenship to their children; indeed their citizenship was in jeopardy if they married a non-Iranian. They inherited from a father’s estate only half of what their brothers received and from a husband’s estate only one-fourth when there were no children and one-eighth if there were children.
In 1967, two family protection bills were proposed. Majles representatives, including Ms. Mehrangiz Dowlatshahi, presented the bill which would later become law. Female Senator Manhouchehrian presented a more progressive bill which was signed by 15 senators. However, when some of the media presented an exaggerated take on the progressive bill, Manhouchehrian had to leave Tehran until the publicity died down, and possible threats to her safety subsided. As a consequence, the family law articles on polygamy and child custody were not addressed until 1975. Nonetheless the Family Protection Law abolished extra-judicial divorce, greatly limited polygyny, and established special Family Courts for dealing with matters relating to the new personal status legislation.
The conservative clergy were vehemently opposed to the Family Protection Act and its goals. The Act removed a whole set of juridical issues in family interaction from clerical jurisdiction and handed it to family courts to decide. The clergy therefore lost much power and authority.
Marriage age reverted to 9 for girls. Restrictions on polygamy and temporary marriages were repealed. Women lost the right to divorce and to child custody. The mehrieh (marriage portion payable to the wife) was taxed above the level considered customary by the government. Male judges only were appointed to all courts.
Since 1979, some legislative changes have been introduced which have moved family matters in a more progressive direction, closer to the 1975 act. The minimum age of marriage was moved from 9 to the onset of puberty. Child custody, no longer an inalienable right of fathers, is now up to the decision of Special Civil Courts. A 1992 law amended regulations on divorce, extending a wife’s access to divorce granting women more grounds for requesting a divorce.
Among the conditions on the basis of which either spouse could ask for divorce were: maltreatment of the other by either the husband or the wife; incurable disease; insanity; addiction; a prison sentence of more than five years; the wife’s refusal to submit (sexually) to her husband; and/or infertility of either the wife or the husband.
The father was responsible for providing support unless he was deemed financially incapable of doing so in which case the mother would be held responsible. The father was responsible for managing the finances of the child. However, after the father’s death, or in case of his inability to carry out his duties, the courts could appoint either the mother or the paternal grandfather as the child’s guardian.
Iran
Iran , officially the Islamic Republic of Iran , is a country in Southern and Western Asia. The name "Iran" has been in use natively since the Sassanian era and came into use internationally in 1935, before which the country was known to the Western world as Persia...
adopted a set of progressive family laws, the Family Protection Act, which granted women more rights in the family; those rights were expanded in the Family Protection Law of 1975. Though the act was annulled in 1979 after the Islamic Revolution when Sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
law was re-introduced, the Family Protection Acts still stand out today for having been ahead of their time, particularly in a Muslim-majority country.
Today, parts of the acts have been reintroduced in Iran, while others are under consideration. For instance the 1967 bill set up Special Courts for family matter. They were dissolved after the revolution, but Special Civil Courts were re-established in 1979 to adjudicate over matter relating to family law, succession and awqaf. Similarly, some legislative changes have moved family matters in a more progressive direction in the areas of minimum age of marriage, child custody and the grounds on which women can request divorce.
Before 1975
In 1906, the first constitution was promulgated in Iran. A series of laws were enacted in the following years, including in family law.In 1962, Iranian law regarded women as being in the same class as minors, criminals, and the insane: they could not vote nor stand for public office, were not allowed the guardianship of their own children, could not work nor marry without permission of their male “benefactors,” could be divorced at any moment (with or without their prior knowledge, through the utterance of a simple sentence by the husband), and could be faced with the presence of a second, third, or fourth wife in their home at any moment-with no legal, financial, or emotional recourse. They could not become guardians of their children even after the father’s death. They could not transfer their citizenship to their children; indeed their citizenship was in jeopardy if they married a non-Iranian. They inherited from a father’s estate only half of what their brothers received and from a husband’s estate only one-fourth when there were no children and one-eighth if there were children.
In 1967, two family protection bills were proposed. Majles representatives, including Ms. Mehrangiz Dowlatshahi, presented the bill which would later become law. Female Senator Manhouchehrian presented a more progressive bill which was signed by 15 senators. However, when some of the media presented an exaggerated take on the progressive bill, Manhouchehrian had to leave Tehran until the publicity died down, and possible threats to her safety subsided. As a consequence, the family law articles on polygamy and child custody were not addressed until 1975. Nonetheless the Family Protection Law abolished extra-judicial divorce, greatly limited polygyny, and established special Family Courts for dealing with matters relating to the new personal status legislation.
The conservative clergy were vehemently opposed to the Family Protection Act and its goals. The Act removed a whole set of juridical issues in family interaction from clerical jurisdiction and handed it to family courts to decide. The clergy therefore lost much power and authority.
After 1979
The Family Protection Act was abrogated right after the 1979 revolution. The new regime reinstated the primacy of men within the institution of the family, reinforcing patriarchal norms and notions such as, “man is the head of the family”, “woman is the second sex”, and “women and children are the property of the men in the family.”Marriage age reverted to 9 for girls. Restrictions on polygamy and temporary marriages were repealed. Women lost the right to divorce and to child custody. The mehrieh (marriage portion payable to the wife) was taxed above the level considered customary by the government. Male judges only were appointed to all courts.
Since 1979, some legislative changes have been introduced which have moved family matters in a more progressive direction, closer to the 1975 act. The minimum age of marriage was moved from 9 to the onset of puberty. Child custody, no longer an inalienable right of fathers, is now up to the decision of Special Civil Courts. A 1992 law amended regulations on divorce, extending a wife’s access to divorce granting women more grounds for requesting a divorce.
Marriage
The family protection laws of 1967 and 1975 increased the minimum age of marriage to 18 for women and to 20 for men.Divorce
The right of divorce that had been the monopoly of the husband was given to the courts, and under similar circumstances, both men and women could ask the courts for divorce.Among the conditions on the basis of which either spouse could ask for divorce were: maltreatment of the other by either the husband or the wife; incurable disease; insanity; addiction; a prison sentence of more than five years; the wife’s refusal to submit (sexually) to her husband; and/or infertility of either the wife or the husband.
Child Custody and Alimony
The courts determined whether it would be more beneficial for the child to live with the father or the mother.The father was responsible for providing support unless he was deemed financially incapable of doing so in which case the mother would be held responsible. The father was responsible for managing the finances of the child. However, after the father’s death, or in case of his inability to carry out his duties, the courts could appoint either the mother or the paternal grandfather as the child’s guardian.
Polygamy
Prior to the ratification of the 1975 Family Protection Law, a man could marry four wives and have a large number of temporary marriages. As a result of this law (1975), a man could marry a second wife only by permission of the courts (with a valid reason to obtain this permission) and after obtaining the express consent of his first wife. Concurrently, the wife was given the right to obtain a divorce from her husband in case he took a second wife.See also
- Iranian Women's MovementWomen's rights movement in IranThe Iranian women's movement is based on the Iranian women's social movement for women's rights. This movement first emerged some time after the Iranian Constitutional Revolution of 1906...
- One Million SignaturesOne Million SignaturesOne Million Signatures for the Repeal of Discriminatory Laws , also known as Change for Equality, is a campaign by women in Iran to collect one million signatures in support of changing discriminatory laws against women in their country.Activists of the movement...
campaign