When examining the issue of violence against women, it can be difficult to separate the many contributing factors at play, be they social, cultural, religious or legal. In Iran, the primary barrier to alleviating this problem is a legal one: institutionalized laws regarding marriage, divorce and rape are just some areas in which women are greatly disadvantaged. This matter is exacerbated by cultural factors that stigmatize these very issues. Legal mechanisms such as the passage of the proposed Protect Women Against Violence Bill, as well as the provision of shelters for women in danger of violence, could improve the condition of Iranian women who find themselves in dire straits.
Certain aspects of the Iranian legal system, specifically within civil and criminal law, contribute to the difficulties in addressing violence against women. First and foremost, a definition of sexual violence does not formally exist in the books, nor is domestic violence explicitly defined. This ties into a broader legal concept of marriage as an exchange that is codified into law: As stated in Article 1106 in the Iranian Civil Code, a husband owes his wife financial support (nafaqah) in return for his wife’s emotional and sexual support. Furthermore, according to Article 1108 of the civil code, nafaqah can be withheld from a woman in cases of disobedience.
Since sexual violence cannot legally be defined, prosecuting it becomes a matter of proving violence in a more general, physical sense. A successful accusation of sexual violence must prove that such violence caused physical harm or mental damage, evidence of which must be ascertained by a legal doctor. Damage incurred through emotional violence is even harder to prove. If a victim is ultimately successful in claiming that sexual violence occurred by proving physical or mental damage, the victim can be compensated monetarily through the principle of diya. The concept of diya assigns monetary value to body parts, as outlined in the Iranian Penal Code.
Similarly, in the case of divorce, Article 1115 of the civil code states that a woman has to prove violence, which can range from physical, emotional, sexual or economic violence. According to one Iranian lawyer who has represented many such women, physical violence is given the most consideration in court, while claiming sexual violence entails an even more difficult process. The fear of physical or bodily harm as a threat can also serve as grounds for divorce, but again, any sort of allegation requires physical evidence of damage inflicted.
The resources available specifically to women who are confronted with violent situations are scarce. The police generally do not interfere in domestic affairs, which plays into the perception that such matters are within the personal sphere and not a public or legal realm. Furthermore, while Iran does have a state welfare organization (Sazman Behzisti), its resources are more general in nature and do not specifically target violence against women.
While the legal system poses very obvious hindrances to addressing violence against women, certain cultural factors also exacerbate the issue. For example, Persian culture places unique emphasis on the importance of aberoo, literally meaning “the water of the face,” which entails a complex system of maintaining dignity and a certain façade within an individual or broader unit, such as a family. As such, invoking the legal system or getting outside help may be seen as making a marriage or a family “look bad” by publicizing family secrets. In some rural areas, divorce itself is still perceived as shameful, while more broadly, underreporting poses a problem. Financial constrains also tie into these cultural factors. For example, if a woman is not economically independent as a result of being relegated to the role of homemaker, she may find herself trapped in a violent marriage because divorce isn’t financially feasible.
For more than a year now, discussions have been surfacing over a new piece of legislation titled the Protect Women Against Violence Bill. The bill itself has not been made publicly available, but according to one government deputy involved, the bill encompasses both preventive and protective measures with regard to violence against women while also defining domestic and sexual violence. However, the status of progress on the bill is unclear, so it is imperative that this legislation makes it to the floor of Iran’s parliamentary Majles if the country wishes to see institutional change that would alleviate the problem of violence against women.
Even outside of the legal sphere, though, steps can be taken to address this issue. Public safe houses or protective centers should be introduced specifically for women who need shelter from abuse or other hostile environments, and emergency hotlines ought to be enacted so that women in danger have an immediate source of assistance. These tasks can potentially be accomplished through government cooperation with civil society, such as women’s organizations and NGOs. Together, perhaps both the state and its civilians may be able to muster enough momentum to enact change on an institutional as well as a grassroots level.
Yasna Haghdoost is a junior at Rice University majoring in political science and English. She is an intern at the Baker Institute’s Women’s Rights in the Middle East Program, and she spent this summer of 2015 conducting research on women’s NGOs in Iran funded by a Center for the Middle East grant.