In terms of rights relating to children, Article 1169 of the Civil Code prioritizes the right of the
mother to have custody of a child until the child reaches the age of 7 years old; after such point the
law awards custody of the child to the child’s father or paternal grandfather. In situations where
the parents of the child are not married, the law awards legal guardianship of the child to the
paternal grandfather. A note accompanying Article 1169 also states that “if a dispute arises over
custody of a child after the age of seven, it is for the court to determine custody in the best interests
of the child.”
Under Article 1173 of the Civil Code, a woman may challenge a father’s right to custody over the
child in the event of the father’s “addiction to drugs, alcohol and gambling; reputation for moral
corruption; having a mental illness diagnosed by a doctor; child abuse and coercion into immoral
occupations; and repeating beatings outside the ‘normal limit.’” In such cases, a woman may
obtain physical custody of her child, though not legal guardianship which remains with the father
or paternal grandfather. Under Article 43 of the Family Protection Law (2013), in the event of the
father’s death, the custody of the child is granted to the mother, unless the grandfather or the
prosecutor deems it contrary to the best interests of the child. In the case of divorce, custody is
given to the mother until the child turns 2 years old for boys, or 7 years old for girls.20 Custody is
then transferred to the father or to whoever the court has decided is in the child’s best interests.
However, if the mother remarries, she loses the right to custody.21
Men have a unilateral right to divorce their spouse, while women can only apply for divorce in
limited circumstances, including situations where their husband is addicted to drugs, imprisoned,
refuses to support the family financially22 or subjects his wife to “intolerable hardship.”23 Recently,
however, the government has drafted a bill titled “Limitation of the Right of Men to divorce” that
would restrict the “absolute right to divorce” of men and impose certain conditions and restrictions.
As of March 2021, the bill is still in the very early stages and is being considered by the Internal
Commission. However, this bill is considered unlikely to be approved by the Guardian Council
and become law.24 It should further be noted that the bill was introduced to limit the number of
divorces and “maintain the family unit,” rather than to address discrimination on the basis of
gender regarding the right to divorce.
Overall, the Government of Iran has not ensured that women have equal rights to enter into
marriage and during the marriage relationship, as well as at its dissolution.
Recommendation Status:
This recommendation has NOT been implemented.
20
Articles 1169- 1170, Civil Code of the Islamic Republic of Iran
Articles 1170, Civil Code of the Islamic Republic of Iran
22
Articles 1119, 1129, 1130 and 1133, Civil Code of the Islamic Republic of Iran
23
Articles 1130 and 1133, Civil Code of the Islamic Republic of Iran
24
The Ten-Year Division for Divorce in Court (2019), https://bit.ly/3vzaZo8
21
3