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Arranged marriages, that is marriages that are organised – sometimes when children are very young – between families, are less popular amongst families with greater economic prosperity and a higher level of education, who tend to live in large urban areas. A woman who refuses an arranged marriage may be at risk of an ‘honour’ crime. Such crimes tend to occur in more traditional and rural areas (see Reasons for child marriage, Prevalence of child marriage and Consequences of refusal to marry). For an assessment of risk and further information on risk of ‘honour’ crimes, see the Country Policy and Information Note on Iran: Women – honour-based violence. The Finnish Immigration report of 2015 noted ‘According to the Ebtekar newspaper, suicides committed by women are especially common in certain areas where forced marriages and repression of women’s rights are wide-spread.’ [footnote 171]
The USSD IRF Report 2019 noted ‘The government does not recognize Baha’i marriages or divorces but allows a civil attestation of marriage. The attestation serves as a marriage certificate and allows for basic recognition of the union but does not offer legal protections in marital disputes.’ [footnote 86] Writing on early marriage in Iran in November 2019, Shamin Asghari stated that, according to Article 1041 of the Civil Code, ‘… the minimum age of marriage is 13 for girls and 15 for boys, and any exception is contingent upon the permission of the guardian and the child’s best interests as determined by a competent court.’ [footnote 129] The September 2019 MRG report also referred to these areas, noting the high levels of child marriage ‘in some minority-populated regions such as Sistan-Baluchestan, Kurdistan, and Khuzestan. This is attributed to the economic marginalization of those provinces, in addition to social and cultural factors.’ [footnote 148] The report further explained how ‘These marriages put girls at additional risk given the overall low levels of development and health infrastructure in the province.’ [footnote 149] Article 1130 of the Civil Code states ‘In the following circumstances, the wife can refer to the Islamic judge and request for a divorce. When it is proved to the Court that the continuation of the marriage causes difficult and undesirable conditions, the judge can for the sake of avoiding harm and difficulty compel the husband to, divorce his wife. If this cannot be done, then the divorce will be made on the permission of the Islamic judge.’ [footnote 54] According to a report on the human rights situation in Iran by the UN Secretary-General in January 2020, ‘The Government expressed the view that setting the minimum age of marriage regardless of the cultural context would increase unregistered marriages.’ [footnote 139] 6.3 Reasons for child marriageThe USSD Human Rights Report for 2020 noted ‘Women often required the supervision of a male guardian or chaperone to travel and faced official and societal harassment for traveling alone.’ [footnote 104] Another category of child marriage identified by Abhari is based on people in poverty seeking economic gain. These parents send away their daughters very young to the groom’s house in exchange for a bride price, which depends on how beautiful the girl is or how rich the future husband is. There are also groups in Iran who believe girls should marry ideally before puberty.’ [footnote 141] The US Department of State’s 2019 Report on International Religious Freedom (USSD IRF Report 2019) noted ‘Recognized religious groups issue marriage contracts in accordance with their religious laws.’ [footnote 81] As noted in the Danish Immigration Service report of 2018, a source at a Western Embassy ‘… did not assume that a woman would seek protection from the authorities if she has a problem with her family regarding her marriage, as the authorities are considered to be less sympathetic to young women who have run away.’ [footnote 187]
Guidance provided in April 2020 by the then UK Foreign and Commonwealth Office (FCO), now the Foreign, Commonwealth and Development Office (FCDO), described a forced marriage as ‘where one or both people do not or cannot consent to the marriage, and pressure or abuse is used to force them into marriage.’ [footnote 126] The IHRDC report noted that Article 1133 of the Civil Code was amended in 2002, adding ‘While the old article provided that a man could divorce his wife whenever he wishes without any judicial procedure, the amended article provides: “A man can divorce his wife under the conditions of the current law and by applying to the court”.’ [footnote 55] Section 5 updated: 1 December 2021 5. Position of women in society 5.1 Cultural and societal attitudes towards women and marriage Establishing a convention reason is not sufficient to be recognised as a refugee. The question is whether the person has a well-founded fear of persecution on account of an actual or imputed Refugee Convention reason.The real risk of this appellant suffering serious harm on return to Iran is primarily for non-Convention reasons (the vindictiveness and retribution of the appellant’s father and the Mullah). However, as we consider there would also be a failure of state protection against that serious harm, we find that there is a causal nexus between the persecution (accepting that: Persecution = failure of state protection + serious harm) and her membership of a particular social group. We find therefore that the appellant is at a real risk of being persecuted for reasons of her membership of a particular social group namely: “Young Iranian Women who refuse to enter into arranged marriages”.’ (paragraph 69 iv) A December 2001 report by the Iran Chamber Society, while almost 20 years old at the time of writing continues to remain relevant, provided a compressive overview of wedding customs in Iran [footnote 105]. In brief, Persian wedding customs and ceremonies originate from ancient Zoroastrian religious rituals and vary depending on region and between families [footnote 106]. A wedding traditionally includes two stages – the legal and contractual ceremony (Aghd or Aghed) and the reception (Jashn-e Aroosi) [footnote 107] [footnote 108]. Marriages in Iran may incorporate both traditional and non-traditional customs [footnote 109] [footnote 110]. When assessing internal relocation, in the reported case of TB (PSG, women) Iran [2005] UKIAT 00065 (09 March 2005), the Tribunal took into account the position in Iranian society of the persons feared. In the case of TB, the appellant feared her father and intended husband (a Mullah), both of whom were members of the Niru-Entezami (Law Enforcement Forces – LEF). The Tribunal concluded that an internal relocation alternative was not realistically available due to the influence of the appellant’s potential persecutors on the state authorities and mechanisms (paragraphs 68 and 69.v). a) ‘Vital Statistics General Book: The birth of each person is registered in this book at the beginning and then the events related to marriage, divorce, revocation of divorce, waiver of enjoyment of wife’s company for the remaining period in a temporary marriage, spouse’s death, children’s birth or death, and the holder’s death is registered in this book from the contents of notices and documents.’ [footnote 36]
If the mother remarries before the child reaches the age of 7, custody will devolve to the father [footnote 68]. Even if the mother maintains custody of the child, the IHRDC report noted that, ‘… the child’s paternal grandfather will be his/her natural guardian [who] maintains decision-making control over crucial matters where the consent of the guardian is required, including the permission to obtain a passport and leave the country, undergo a surgery, the permission for marriage of virgin girls, decisions regarding financial issues such as ownership and disposal of the children’s property, and other issues.’ [footnote 69] Although that article [Article 1041] was successful in limiting the exception clause to certain conditions, a major legal vacuum still exists regarding a concrete minimum age for marriage. According to the current provision, any child may be legally married at any age if the conditions of Article 1041 are met. Moreover, the requirement of a court decision in the case of an exception is not a strong legal precaution in practice. To issue a permit for marriage below the legal age, courts should determine whether it is in line with the interests of the child. For general information on Kurdish marriage customs, see the Country Policy and Information Note on Iraq: Kurdish ‘honour’ crimes. The Australian Government’s Department of Foreign Affairs and Trade (DFAT) noted in its April 2020 report on Iran, which was informed by DFAT’s on-the-ground knowledge and discussions with a range of sources in Iran, as well as relevant and credible open source reports, including those produced by: the United Nations and its agencies, the US Department of State, the UK Home Office, the World Bank, the International Monetary Fund, leading human rights organisations such as Amnesty International, Human Rights Watch and Freedom House, and reputable news sources, that, within the limits of the law, Zoroastrians, Jews and Christians can perform their own religious ceremonies and issue marriage contracts in accordance with their religious laws [footnote 15]. The same report also noted, ‘Conservative Zoroastrians frown upon marriage outside of the faith…’ [footnote 16]
The CHRI added ‘Figures published in January 2020 by the state-owned Pupils Association News Agency, PANA, show that 17,486 girls between ages of 10 and 14 got married in the first six months of the Iranian year 1397 (March 21, 2018-March 20, 2019) – that was seven percent of all marriages in Iran during that period.’ [footnote 168] Furthermore, ‘… according to the Statistical Center of Iran’s quarterly report for Spring 1399 (March 21, 2020 – June 20, 2020), there were 7,323 marriages registered during this period with girls aged 10 to 14 years, up from 5,968 in the winter and 6,210 in the fall.’ [footnote 169] 6.5 Effects of child marriage The report added that Iran’s ‘construction of gender roles and the patriarchal control of women have produced a [legal] framework that demands women’s obedience to their husbands and has its roots in the idea of male superiority and female inferiority. It clearly insists on roles and expectations based on gender stereotypes, and results in the economic, social and political predominance of men and dependency of women.’ [footnote 89] The IHRDC noted, however, that, ‘… legal inequalities do not solely originate from deficiencies in laws, but also from social customs and traditions that retain the bias of pre-modern and patriarchal social systems.’ [footnote 90] The Temporary Wife is a modern masterpiece, a powerful novel that can be read independently. This novel is written by Catharina Maura. She is a true storyteller, and The Temporary Wife is her best book. It is an epic tale of family, secrets, loss, marriage, betrayal, friendships, laughter, and regrets. The Temporary Wife is a heartfelt novel written with compassion and hope, reconciling the past to pave a road to happiness and second chances. The characters in this novel bring life and heart to this story, each with a distinct voice and personality. They made readers love them, they made readers sad, they made readers angry, they made readers laugh, they made readers cry, and they made readers believe in the promise of love and home According to the USSD Bureau of Consular Affairs, evidence of a Baha’i marriage appears in the person’s shenasnameh in addition to other documents:
Book 7, Section 1 of the Civil Code of the Islamic Republic of Iran [footnote 3] outlines the provisions relating to marriage: Women in Iran are subject to restrictions imposed by both their family and society. The country has a patriarchal culture that gives men power over women and property. According to the UN Special Rapporteur on Violence against Women, the subordinate status of women in Iranian society is perpetuated by two main factors: patriarchal values and attitudes favouring the norm of male supremacy and a state-promoted institutional structure based on hard-liner interpretations of Islamic principles. While the former is a universal phenomenon, the latter is particular to Iran’s gender politics and policies prevalent in the country since the 1979 Revolution. Both factors emphasize the notion that a woman’s role is primarily that of a wife and a mother, which is used as justification for restricting women’s public lives.’ [footnote 91] A mother may be selected by a court as the legal guardian if the natural guardian does not act in the best interests of the child [footnote 70] [footnote 71]. According to the Family Law in Iran paper, ‘The partner who does not have custody may be granted visiting rights, and these may be enforced by the police. A woman who has custody by legal right is also entitled to maintenance from the father for the children, which may be enforced by the courts.’ [footnote 72] 3.7 Laws aimed at protecting women and children Child marriage also has a negative impact on educational attainment. In Iran, married girls cannot attend the same schools as unmarried girls, which is often a reason for interruption of education. Child brides are also likely to become mothers at a young age. In the Imam Ali report, 44 per cent of married girls surveyed reported not using any form of contraception. Early pregnancy not only adds to the likelihood that girls will be pulled away from school, but also involves serious health risks.
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Also referring to the average age of marriage which, according to the EJIMEL, has risen steadily between 1976 and 2016, the report noted ‘The average age of marriage, however, does not reflect the diversities of attitudes in different provinces of Iran. Child marriages are reported to be most common in the country’s religious regions where strict patriarchal social attitudes might be dominant, especially in some areas in Sistan and Baluchestan, Kurdistan, Khuzestan and Khorasan provinces.’ [footnote 147] Decision makers should also refer to the instruction on Gender issues in the asylum claim and Processing children’s asylum claims. 2.7 Certification
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