A glance at Article 11 of the NCRI Plan: Equality in Testimony, Guardianship, Inheritance, and Abolishing Polygamy
Article 11 of the NCRI Plan on Women’s Rights and Freedoms in a free Iran aims to address legal inequalities and gender discrimination affecting Iranian women. These inequalities manifest in various aspects, including testimony, guardianship, custody, inheritance, and the prohibition of polygamy. Let’s review each of these issues:
Testimony: The Value of a Woman’s Testimony
Unfortunately, Iranian law often assigns little or no value to a woman’s testimony. Articles 119, 128, 137, 170, 189, and 279 of the regime’s punishment law stipulate that certain crimes can only be proven through male testimony, regardless of the crime’s nature.
Exceptions exist, such as cases involving accusations of adultery or suspected intentional murder (as per articles 75, 76, and 237). In these instances, a woman’s testimony can be effective alongside a man’s. The testimonies of two women equal the testimony of a man, but additional male witnesses are still required.
Guardianship: Father and Paternal Grandfather Responsibility
Article 1180 of the regime’s Civil Code mandates that the compulsory guardianship of a child rests with the father and paternal grandfather.
Shockingly, even if a mother has custody of her child, she lacks the authority for crucial financial decisions (e.g., opening a bank account, buying, or selling property, determining retribution in case of a child’s death, granting permission for surgery, or allowing the child to travel abroad).
This legal framework exists in Iran, a country with a high execution rate and significant political repression. In 2023 alone, 864 prisoners were executed, leaving hundreds of children fatherless. Other forms of repression, accidents, and natural disasters compound the challenges faced by Iranian families.
Custody: Mother’s Role Until Age 7
In Iran, guardianship differs from custody. Recognizing motherhood as a fundamental role, the law grants mothers custody of their children for the first seven years.
Principle 21 of the Iranian regime’s Constitution allows for granting guardianship to deserving mothers who wish to raise their own children in cases where, based on Sharia law, a male guardian is absent.
In addition, Article 1169 of the Civil Code states that women can have custody of their children only until they are seven years old. After age seven, priority shifts to the father, irrespective of the child’s gender.
Notably, Article 1170 of the Civil Code clarifies that if a mother remarries and starts a new life, she forfeits custody—even if the child is under seven years old.
Inheritance from Husband and Father: Unequal Shares
In Iran, inheritance laws perpetuate significant gender disparities, affecting women’s rights and autonomy.
A woman’s inheritance from her husband is often a mere quarter of his assets, while from her father, it amounts to only half of what her brother would receive.
The regime’s jurisprudence, as outlined in articles 913 and 946 of the Civil Code, stipulates that a wife’s share from her deceased husband’s estate is one-eighth if the man has children.
Further gender discrimination has been institutionalized in Article 907 of the Civil Code, where sons inherit twice as much as daughters when both are heirs of the deceased father.
These laws reinforce male dominance within families, making it challenging for women and girls to assert their independence, and ultimately give in to the numerous legal obstacles.
Polygamy: Legal for Men
Article 942 of the Civil Code permits men to have multiple wives. When dividing the estate of a deceased man with multiple wives, the wives collectively receive a share amounting to either one-fourth or one-eighth of the inheritance.
Article 1048 of the Civil Code reinforces the legality of polygamy, prohibiting a man from marrying two sisters, even if done sequentially.
Additionally, Article 1049 states that a man can marry his brother-in-law’s daughter or sister-in-law’s daughter with the permission of his first wife. This implies that in other cases of polygamy, there are no restrictions and permission of the first wife is not required.
Women’s Resistance and the Fight for Freedom
Despite these oppressive laws, the defiant women of Iran continue to resist. They refuse to accept anything less than the overthrow of the Velayat al-Faqih regime and its affiliates. The slogan “Women, Resistance, Freedom” resonates deeply, reflecting the unwavering determination of Iranian women across generations to secure equality and liberty.
These gender discriminations in law persist, but the courageous women of Iran remain steadfast in their pursuit of justice and empowerment. Through successive generations, they have paid the price to achieve their freedoms and equality.
