divorce” which would restrict men’s “absolute right to divorce” and impose certain conditions
and restrictions. Currently, the bill is at the very early stages and is being considered by the
Internal Commission. However, this change is unlikely to be approved by the Guardian Council
and become law.8 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 in access to divorce.
Under Articles 907, 908 and 911 of the Civil Code, men are entitled to double the share of
inheritance in comparison to women. 9
Iran’s Civil Code forbids a woman from leaving the matrimonial home without the husband’s
permission, unless she is able and willing to go to court to prove that she is in danger.10 The Civil
Code specifies that a woman who decides to leave the marital home will not receive alimony
from her husband, which may well function as a deterrent for women to exercise their freedom
of movement. According to Article 18 (3) of the Passport Law, a woman needs written
permission from her husband to obtain a passport.11 In addition, the husband has the right to
forbid his wife from leaving the country, regardless of whether she holds a passport. 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.12 Previously, a bill was introduced before
the Iranian Parliament to amend the Passport Law, attempting to eliminate the absolute right of a
husband over his spouse’s ability to travel outside of the country. However, this attempt failed as
the bill did not go through the legislative process.13 In 2017, a draft law 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 prosecutor-general, was
introduced before the Parliament. 14
The Islamic Republic of Iran has not removed obstacles to women’s rights with regard to child
custody, divorce, inheritance and freedom of movement.
Recommendation status:
This recommendation has NOT been implemented.
8
The TenYear Division for Divorce in Court (2019), https://bit.ly/2NtWOQ4
Articles 861 to 948, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-ofiran/
10
Article 1117 of the Civil Code.
11
The Passport Law: https://rc.majlis.ir/fa/law/show/96904
12
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
13
The latest status of the plan "Women leave the country without the permission of their husbands", www.tabnak.ir/003GUK
14
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
9
2