conformity with Islamic criteria” has often resulted in provisions that discriminate, or have a
discriminatory impact, on various grounds, including gender.
The Iranian Islamic Penal Code (2013) is largely based on the state’s interpretation of Islamic
Sharia precepts and contains provisions which directly discriminate between girls and boys
within the criminal justice system. A significant illustration of such discrimination is the age of
criminal responsibility, which is set at nine lunar years for girls (equivalent to eight years, nine
months) and fifteen lunar years for boys (equivalent of fourteen years, seven months).3
Additionally, the Islamic Penal Code (2013) penalizes women and girls over the age of nine who
do not comply with the Islamic dress code in public, notably with wearing the compulsory
hijab.4 5
Many provisions under the Iranian Civil Code are discriminatory towards women. These
provisions include the legal age of marriage,6 the share of inheritance,7 and the right to divorce.8
In marriage, the Civil Code provides rights to the husband over those of the wife,9 notably by
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 life10 and
demand that she performs her ‘duties.11 The legal minimum age for marriage is 13 years old for
girls and 15 years old for boys.12 However, children who have reached puberty (9 lunar years for
girls, 15 lunar years for boys) can marry with parental consent and court approval.13
The Islamic Republic of Iran does not have laws specifically criminalizing domestic violence.
Article 630 of the Islamic Penal Code (2013) excludes husbands from criminal liability when
they commit murder, assault and battery against their wife if the husband catches their wife
committing a zina offence (adultery and fornication) with another man. Rape is not classified as
3
Criminal responsibility, Articles 140, 146 and 147 of the Islamic Penal Code, 2013 https://iranhrdc.org/english-translation-ofbooks-i-ii-of-the-new-islamic-penal-code/
4
Islamic Penal Code, 2013, Article 638, Iran Human Rights Documentation Center, https://iranhrdc.org/islamic-penal-code-ofthe-islamic-republic-of-iran-book-five/
5
See more: Minority Rights, Beyond the Veil: Discrimination against women in Iran, 2019, https://minorityrights.org/wpcontent/uploads/2019/09/MRG_CFR_Iran_EN_Sept191.pdf
6
Article 1041 of the Civil Code
7
Articles 861 to 885 of the Civil Code
8
Article 1133, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
9
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/
10
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-theislamic-republic-of-iran/
11
Article 1108, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
12
Article 1041 of the Civil Code as amended up until December 2000, NGO Impact Iran Coalition, Joint Submission to the
Committee on the Rights of the Child, 2016,
https://tbinternet.ohchr.org/Treaties/CRC/Shared%20Documents/IRN/INT_CRC_NGO_IRN_19809_E.pdf
13
Iran Human Rights Documentation Center, https://iranhrdc.org/wpcontent/uploads/pdf_en/LegalCom/Womens_Rights_Commentary_389929723.pdf
2