Additionally, a large number of provisions under the Iranian Civil Code are discriminatory
towards women. These provisions notably include the legal age of marriage,4 the share of
inheritance,5 and the right to divorce.6 Within a marital relationship, the Civil Code provides
rights to the husband over those of the wife,7 such as establishing that the position of the “head
of the family” is the exclusive prerogative of the husband. Under Iranian law, the husband is
entitled to control aspects of his wife’s life8 and demand that she performs her “duties”.9
Women have a limited presence in domestic decision-making bodies in Iran. Women are
completely prohibited from holding the position of Supreme Leader. Candidates for the
presidency in Iran must be what the Constitution refers to as Rajol-E- Siasi (“political men”).10
Though many argue that the phrase as a whole could be understood as “political persons,”
without a specification as to gender, the Guardian Council of the Constitution, a body of Islamic
jurists responsible for vetting candidates for elections, has never approved a woman to stand in
presidential elections or elections to the Assembly of Experts.11 Additionally, no woman has ever
served on the Guardian Council (the body mandated to bring parliamentary resolutions in line
with Sharia and the Constitution and to oversee elections and vet candidates),12 nor on the
Expediency Council (the body which serves as the Supreme Leader's advisory arm, formulating
"general policies for the state" and overseeing the implementation of those policies on the behalf
of the Supreme Leader).13
There are no legal limits on the ability of women to vote or become a candidate for parliament or
the City and Village Councils. However, the Guardian Council is known to arbitrarily disqualify
women candidates from running for election. For example, in the run-up to the 2020 elections,
the Guardian Council reportedly disqualified 60 percent of female candidates.
Election law designates the Guardian Council as the arbitrator of complaints related to the
election process or candidate vetting, which itself is the body responsible for the impugned
decisions.
4
Article 1041, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
Articles 861 to 948, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-ofiran/
6
Article 1133, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
7
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/
8
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/
9
Article 1108, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
10
Article 115, Constitution of Iran.
11
The council that should choose the Supreme Leader and its mandate is to monitor him.
12
In addition, the Guardian Council is responsible for overseeing elections and vetting candidates.
13
The body, whose members are all appointed by the Supreme Leader, was initially established as an arbitration body between
parliament and the Guardian Council.
5
2