Under Article 43 of the Family Protection Law (2013), in the event of the father’s death, custody
of the child is given to the mother, unless the grandfather or the prosecutor decides that the best
interests of the child require otherwise.
E. The State party should amend the Civil Code and further amend the draft Family
Protection Law, to grant women the same inheritance rights as men.
Under Articles 907, 908 and 911 of the Civil Code, men are entitled to double the share of
inheritance in comparison to women.
F. The Islamic Republic of Iran should amend the Civil Code and further amend the
draft Family Protection Law, to remove the legal obligation for a woman to be
obedient to her husband.
Article 1105 of the Civil Code establishes that the position of ‘head of the family’ is the
exclusive prerogative of a man; a designation that empowers men in household decision making,
including financial decisions. A husband is legally entitled to control aspects of his wife’s life.
For instance, a husband is entitled to demand that his wife performs certain “duties”16 and failure
to fulfil such duties “ without a legitimate excuse” results in a woman losing her right to
maintenance” (spousal support), upon separation. In effect, such legal provisions grant power to
men to demand anything in a marriage relationship.
G. The Islamic Republic of Iran should amend the Civil Code and further amend the
draft Family Protection Law, to remove the requirement for a husband’s approval
when a woman intends to leave the country.
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 endangered.17 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.18 In addition, the husband has the right to
forbid his wife to leave 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.19 Previously, a bill was introduced before the Iranian
16
Article 1108, Civil Code of the Islamic Republic of Iran. https://iranhrdc.org/the-civil-code-of-the-islamic-republic-of-iran/
Article 1117 of the Civil Code.
18
The Passport Law: https://rc.majlis.ir/fa/law/show/96904
19
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
17
4