The Civil Code provides rights to the husband over those of the wife, such as establishing that the
position of the “head of the family” is the exclusive prerogative of the husband.11 Under Iranian
law, a husband is entitled to control aspects of his wife’s life12 and to demand that she performs
her “duties”.13Article 1105 of Iran’s Civil Code stipulates that “[i]n relations between husband and
wife, the position of the head of the family is the exclusive right of the husband”, which puts
married women and girls in the weaker position with regards to household decision-making,
including in financial matters since job benefits are given to the head of the family. Article 1108
of the Civil Code further states that “[i]f the wife refuses to fulfill the duties of a wife without a
legitimate excuse, she will not be entitled to the cost of maintenance” (spousal support, or nafage),
which gives absolute power to a husband to demand anything in a marriage relationship.
Under Iran’s Civil Code, “[t]he wife must stay in the dwelling that the husband allots for her unless
such a right is reserved to the wife,”14 and a woman is forbidden from leaving the matrimonial
home without her husband’s permission, unless she is able and willing to go to court to prove that
she is endangered.15 The Civil Code further specifies that a woman who decides to leave the marital
home will not receive alimony from her husband, which may further function as a deterrent for
women to exercise their right to freedom of movement.
According to Article 18 (3) of the Passport Law, a woman needs written permission from her
husband to obtain a passport.16 In addition, the husband has the right to forbid his wife from leaving
the country, regardless of whether she holds a passport or not. In exceptional cases, the county
prosecutor can authorise the issuance of a passport for a woman; however, only a few exceptions
have been made so far.17 Previously, a bill was introduced before the Iranian Parliament to amend
the Passport Law, in attempting to eliminate the absolute right of a husband to control his spouse’s
ability to travel outside of the country. However, this attempt failed as the bill did proceed through
the legislative process.18 In 2017, a draft law was introduced before the Parliament that sought to
allow women with particular jobs – notably athletes and artists – to travel outside the country
without their husband’s consent, provided that they secure the permission of the prosecutorgeneral. 19
11
Articles 1102 to 1119, 1133 to 1142, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-theislamic-republic-of-iran/
12
For instance, under Article 1117 of the Civil Code of the Islamic Republic of Iran: “The husband can prevent his wife from
occupations or technical work which is incompatible with the family interests or the dignity of himself or his wife.”
https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
13
Article 1108, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
14
Article 1114, Civil Code of the Islamic Republic of Iran.
15
Article 1117, Civil Code of the Islamic Republic of Iran.
16
The Passport Law of Iran: https://rc.majlis.ir/fa/law/show/96904
17
For example, Niloufar Ardalan, a player in the Iranian women's futsal team, was unable to leave the country and participate in
competitions due to her husband's opposition. An issue that led to the issuance of a temporary permit with the intervention of the
Tehran prosecutor and a temporary court order. https://www.asriran.com/001opM
18
The latest status of the plan "Women leave the country without the permission of their husbands", www.tabnak.ir/003GUK
19
Asriran News Agency, ‘Mowlaverdi : Tarh-e- eslaah-e-gozarnameh baraye khourouj-e-zanan az keshvar dar Majles barrasi
mishavad [Mowlaverdi: The draft bill on the amendments to the passport law allowing women to leave the country will be
discussed in the Parliament], 28 July 2017, https://bit.ly/330XCyC
2