Widespread Refusal by Notary Offices Exposes Institutionalized Misogyny in Iran
In Iran, a woman’s right to initiate divorce is not granted by default. Legally, that power rests solely with men. Yet even in rare cases where husbands voluntarily agree to grant their wives the legal authority—through a document known as vakālat-e ṭalāq (power of attorney for divorce)—the clerical regime’s apparatus finds ways to obstruct and undermine it.
According to a report by the state-run Tabnak website, notary offices across Iran—including in major cities like Tehran, Isfahan (central Iran), Tabriz (northwest), and Karaj (just west of Tehran)—are systematically refusing to register these divorce rights for women. Even in smaller towns, the same discriminatory practice is prevalent.
Despite mutual agreement between spouses, women are being denied their legal avenue to secure a right that should already be theirs. The regime’s own report admits that this refusal has become widespread and often hinges on vague excuses, bureaucratic delays, or even the need for “special connections” or unofficial “recommendations” to get documents approved.
Legal Loopholes Weaponized Against Women
Under Iranian law, a man can divorce his wife without needing her consent or a specific reason—he simply needs to pay her mahrieh (promised dowry) and any other legal entitlements. A woman, on the other hand, can only request a divorce under strict and narrow conditions, such as proven hardship (‘esr va haraj), abandonment, or failure of the husband to provide financially.
To counter this imbalance, some couples choose to sign a legal document in which the husband gives his wife power of attorney to initiate divorce on his behalf. This power allows a woman to proceed in court with a lawyer without needing her husband’s permission at the time of divorce. Theoretically, this should provide a lifeline in a system stacked against women.
However, the reality is far grimmer. The Tabnak report reveals that many notary offices outright refuse to register this document. Others delay or sabotage the process under the pretext of “future complications” or the need for special permissions that do not exist in law.
A woman said: “After months of discussion, my husband finally agreed to grant me divorce rights. But when we went to the notary office, they gave us excuse after excuse. First, they said the document could cause trouble, then they claimed we needed a special permit.” (Tabnak, June 5, 2025)
Unlawful Refusals: A Violation of Women’s Rights
The state-run outlet’s investigation uncovered that some notaries informally admit their refusal stems from what they call “judicial and societal sensitivities.” In reality, these are code words for deep-rooted misogyny and fear of backlash from a regime that aggressively polices women’s autonomy.
Legal experts argue these refusals have no basis in Iranian law. Maryam Hosseini, a senior attorney, told Tabnak: “The power of attorney for divorce is a fully legal contract. If the conditions of a valid agreement are met—including both parties’ consent—the notary office is obligated to register it. Refusing to do so is a legal violation and can be prosecuted.”
Despite this, many notaries, acting under pressure or internalized conservatism, continue to block the process. Their inaction shows how systemic barriers and patriarchal ideology override even the limited legal tools available to women under the Iranian regime.
Conclusion: Bureaucratic Sabotage as a Tool of Oppression
The refusal of notary offices to register women’s divorce rights—even when husbands voluntarily agree—exposes the depth of institutional discrimination entrenched in Iran’s legal and bureaucratic systems. This isn’t merely about legal oversight; it’s a deliberate act to reinforce male dominance and keep women legally dependent in a regime that thrives on repression and control.
Under the current regime, even the rare concessions allowed by law are being actively sabotaged. The Iranian people—especially Iranian women—deserve not just reforms or improved paperwork, but the end of a clerical system that sees their basic rights as threats to be contained.
