Article 9 and 10 of the NCRI Plan on Women’s Rights and Freedoms address divorce rights and emphasize support for widows.
Article 9 specifically focuses on the equal right of divorce between men and women. However, gender discrimination persists in Iran’s legal system, perpetuating inequality and limiting women’s autonomy.
Divorce Rights and Gender Discrimination in Iran
Unilateral Divorce for Men
Article 1133 of the Iranian Civil Code grants men the right to divorce. A simple certificate of non-reconciliation from the court suffices for a man to initiate divorce proceedings.
Additionally, Article 1123 outlines various reasons for divorce, including defects in women. These reasons, often arbitrary and discriminatory, can lead to divorce even for minor health conditions.
Obstacles for Women Seeking Divorce
Iranian women can only request divorce if they receive a right to divorce during their wedding. Otherwise, they must rely on specific grounds. According to Article 1222 of the Civil Code, a woman can apply for a divorce only if her husband has certain defects.
Article 1130 seems to provide an alternative avenue for women. If the marriage causes hardship or embarrassment, a wife can approach a Sharia judge to seek a divorce. Examples of hardship include abandonment for at least six consecutive months, addiction, imprisonment for more than five years, constant violence against the wife, or incurable diseases.
Even in these cases, a woman must provide documentation to the court to prove that her divorce request is legitimate, which creates numerous obstacles. For example, an abusive husband is unlikely to admit to beating his wife. Additionally, when there is a quarrel at home, there is usually no one else present to testify that domestic violence occurred.
Victims’ Testimonies
Homa, a woman with a university education and a suitable job position, suffered physical violence from her husband. Despite her injuries, when she sought help at the local police station, she was asked if she had a witness. Without one, her case faced significant challenges. (Etemad state-run newspaper – April 27, 2024)
Another victim endured severe injuries, including a protruding vertebra, due to domestic violence. Her attempts at divorce were hindered by the lack of witnesses, leading to rejection. (Etemad state-run newspaper – November 21, 2023)
Yet another woman faced pressure during legal proceedings, struggling to express her ordeal to male officials. The absence of witnesses further complicated her case. (Etemad state-run newspaper – November 21, 2023)
Widows’ Struggles
Article 10 of the NCRI Plan on Women’s Rights and Freedoms aims to support widows and divorced women, along with their children, through the country’s social security system.
Custody laws under the current regime place responsibility on mothers for children under 7 years old and on fathers for older children.
Financial Independence
Iranian widows face financial challenges due to low salaries and lack of suitable employment opportunities. Many work in workshops for meager wages or under exploitative conditions, fearing dismissal if they complain.
Lack of government support leaves divorced women financially vulnerable, perpetuating dependence on men.
Approximately 25 million Iranian women own houses, yet 14.2% of economically active women over 15 remain unemployed. (ISNA state-run news agency – Dec. 4, 2023 / Eghtesad state-run website – Jan. 2, 2024)
