refuses to support the family financially10 or subjects his wife to “intolerable hardship.”11
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. Currently, the bill is at the very early stages and is being considered by the
Internal Commission. This change is, however, unlikely to be approved by the Guardian Council
and become law.12 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.
C. The Islamic Republic of Iran should amend the Civil Code and further amend the
draft Family Protection Law, to award equal custody rights to the mother, including
after a child reaches the age of seven or if she remarries.
Article 1169 of the Civil Code prioritizes a woman’s right to custody of her child until the child
reaches the age of 7 years old; after which 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. However, according to
Article 1173, a woman can challenge a father’s right to custody after the child turns 7 years old
in a limited number of situations: if the father is addicted to drugs, alcohol and gambling, is
‘morally corrupted’, suffers from a mental illness, abuses the child or ‘coerce’ them “into
immoral occupation”, or repeatedly beats the child “outside the ‘normal limit’”. A Court may
then decide who obtains the child’s custody, based on the child’s best interests.13 Even if the
Court designates the woman, however, she may only obtain physical custody of her child, while
legal guardianship remains with the father or paternal grandfather. The right to custody is further
limited for women in cases of divorce. In such situations, a woman may only be given custody of
her child until they turn 2 in the case of boys, 7 for girls.14 Custody is then transferred to the
father or to another person appointed by the Court. If a woman remarries, she loses the right to
custody of her children.15
D. The Islamic Republic of Iran should amend the Civil Code and further amend the
draft Family Protection Law, to award guardianship of a child to the mother in the
case of the father’s death.
10
Civil Code of the Islamic Republic of Iran, 1928 (amended 2006), Articles 1119, 1129, 1130 and 1133.
Civil Code of the Islamic Republic of Iran, Art. 1130 and 1133 (1928, as amended in 1985)
12
The Ten Year Division for Divorce in Court (2019), http://cabinetoffice.ir/fa/news/5006/-ﻣﺤﺪودﺳﺎزی-و-ﻣﻘﯿﺪ-ﭘﯿﺸﻨﮭﺎدی-ﻻﯾﺤﮫ-ﺑﺮرﺳﯽ
دوﻟﺖ-ھﯿﺌﺖ-ﻟﻮاﯾﺢ-ﮐﻤﯿﺴﯿﻮن-در-ﺷﻮھﺮ-طﻼق-ﺣﻖ
13
Civil Code of the Islamic Republic of Iran, 1928 (amended 2006), Article 1169
14
Civil Code of the Islamic Republic of Iran, 1928 (amended 2006), Articles 1169- 1170
15
Civil Code of the Islamic Republic of Iran, 1928 (amended 2006), Articles 1170.
11
3