Special Rapporteur on violence against women, its causes and consequences
E/CN.4/2006/61/Add.3 para 73 (d)
Full recommendation:
In order to enhance women’s access to justice through a transparent legal and judiciary reform it
is recommended that the Government:
Eliminate all obstruction to justice on the grounds of sex, class and religion emanating from the
practice of diyah;
Assessment using Impact Iran human rights indicators1
In Iran’s Islamic Penal Code (IPC) 2, the topic of diyeh (blood money) is covered from Article 448
to Article 727. In several articles in this part of the law, the diyeh of women is half of that of a
man in the same category of crime. For example, according to Article 550 of the IPC, the diyeh of
women that were murdered is half of that of murdered men. In Article 551 of the IPC, the diyeh
payment for a woman who died as a result of accident is half to that of a man, while the rest of the
diyeh is paid by a fund that is allocated from a government foundation called "Physical Injury
Insurance Fund", which was created recently. This article can be cited when deaths are caused by
accidents but not in cases of homicide. Otherwise, gender inequality related to diyeh payments
persists in Iran, even in cases of miscarriage. According to Article 716 (e) of the IPC, if the fetus
that died in the mother’s womb was female, the diyeh of her loss is half of that of a male fetus.
According to Article 560 of the IPC, the diyeh for the loss of a body part (only body parts that are
subjected to diyeh) for women is half to that of men.
Since the recommendation was issued, despite the revision of Islamic Penal Code that was finalised
on April 21, 2013, no provision related to diyeh (blood money) and its application and criteria has
been changed, except for the adding of an article related to diyeh in homicide cases where a nonMuslim is the victim.3 Obstructions to fair trial standards and provisions that are discriminatory
on the ground of gender and religion still exist, particularly in the Islamic Penal Code.
The only positive change that was included in the revision of the IPC, in regard to diyeh, is Article
554 which is based on a religious order (fatwa) by the Supreme Leader of Islamic Republic, and
posits that in cases of homicide where a member of a recognised religious minority is murdered,
the diyeh will be calculated in the same manner as in cases where the murder victim is Muslim.4
Despite the existence of several mechanisms that ostensibly accept complaints regarding violations
of citizens' rights, such as the Parliament’s Article 90 Commission (established under Article 90
1
CCPR.2.1.S.1; CCPR.2.2.S.1; CCPR.3.1.S.1; CCPR.7.1.S.1; CCPR.16.1.S.1; CCPR.2.1.P.1; CCPR.7.1.P.2; CCPR.16.1.P.1
The Islamic Penal Code: https://shenasname.ir/subjects/salamat/1571-mojazat92
3
Article 554 of the Islamic Penal Code.
4
The Islamic Penal Code: https://shenasname.ir/subjects/salamat/1571-mojazat92
2