remain limited by the Civil Code14, the Family Law15, and the Islamic Penal Code16, which
contain provisions effectively discriminating against women and fail to protect them adequately
from violence.17
For example, Iran’s Civil Code forbids a woman from leaving the matrimonial home without the
husband’s permission unless she is able and willing to go to court to prove she is endangered.18
This leaves Iranian women deeply vulnerable to violence, including marital rape (as it is not
recognized in the law), or physical harms, and the stipulation that if a woman leaves the marital
home, she is not subject to alimony. Moreover, numerous articles of the country’s Civil Code
effectively undermine protections for women against domestic violence. Article 1105 of Iran’s
Civil Code stipulates, “In relations between husband and wife, the position of the head of the
family is the exclusive right of the husband”, undermining women in regards to household
decision-making, including financial decisions and receiving “head of household” employment
benefits given only to men with families. Article 1108 of the Civil Code states, “If the wife
refuses to fulfill the duties of a wife without a legitimate excuse, she will not be entitled to the
cost of maintenance (alimony)”, granting absolute power to the husband to demand anything in
marital relations. Similarly, Article 1114 of the Civil Code states, “The wife must stay in the
dwelling that the husband allots for her unless such a right is reserved to the wife.”
To this end, Iran’s laws not only lack the necessary protections against VAW, they also at times
exacerbate the vulnerability of women where domestic abuse is plausible. There are provisions in
Iranian legislation for investigations on cases of VAW. However, given the misalignment of the
definition of “violence” in Iranian law with what is specified in international law, these
investigations are in nature inadequate in serving justice.
The most common body for the submission of VAW-related complaints in Iran is the police, as
these complaints are considered in the category of violent crimes. There is also a social
emergency hotline (123) set up in order to receive complaints related to domestic violence. Iran
does not publish accurate information regarding instances of violence against women. There is
no information made public regarding the rate of complaints being investigated, resulting in the
prosecution of the perpetrators. Meanwhile, there are reports that point to a pattern of such cases
not being appropriately processed and investigated.19
14
The Civil Code: https://shenasname.ir/laws/6664
The Family Law: https://shenasname.ir/subjects/family/1470
16
The Islamic Penal Code: https://shenasname.ir/subjects/salamat/1571-mojazat92
17
This information is up-to-date and accurate as of early February 2021. For more up to date information on the passage of this
bill, please click the following link: http://www.impactiran.org/vawbill
18
Article 1117 of the Civil Code
19
Iran: Victim of domestic and sexual violence, arrested as a child, is executed after unfair trial:
https://www.amnesty.org/en/latest/news/2018/10/iran-hours-left-to-halt-execution-of-female-juvenile-offender/
15
3