Iran: Update to IRN29216.E of 1 May 1998; penalties for coercing a women to marry against her and her father's wishes; redress or protection afforded to parents object to being coerced into consenting; reports of Basij, Komiteh or Pasdaran attempts to marry through coercion
|Publisher||Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||25 April 2002|
|Citation / Document Symbol||IRN38612.E|
|Cite as||Immigration and Refugee Board of Canada, Iran: Update to IRN29216.E of 1 May 1998; penalties for coercing a women to marry against her and her father's wishes; redress or protection afforded to parents object to being coerced into consenting; reports of Basij, Komiteh or Pasdaran attempts to marry through coercion , 25 April 2002, IRN38612.E, available at: http://www.refworld.org/docid/3df4be4910.html [accessed 20 May 2013]|
Information on penalties for coercing a women to marry against her or her father's will, or recourse thereof, could not be found among the sources consulted by the Research Directorate. The Research Directorate was unable to find reports of Basij, Komiteh or Pasdaran members coercing women or their fathers in attempts to induce or force a marriage among sources consulted for this Response.
According to the Iranian Civil Code, "the marriage of a virgin girl requires the permission of her father or paternal grandfather" and contracts "of marriage before puberty [are] valid if authorised by the natural guardian" (Iran 1995, 152). Marriage "proposals and acceptances can be made by ... women themselves or by persons who are legally entitled to conclude the contract" (ibid. 156). Refusal, according to Article 1035 of said code can occur "so long as the contract of marriage has not been concluded, and the other party cannot compel ... her to marriage or claim compensation for losses on mere ground of refusal to do so" (ibid., 151). Finally, Article 1070 specifies
Consent of the marrying parties is a condition of a its effectiveness; and if a party giving consent under duress subsequently, and after the removal of the duress, authorises the contract it becomes effective unless the duress has been so overwhelming that the person under duress could not be regarded as having any intention to conclude the contract (ibid. 157).
However, as indicated by a United Nations Economic and Social Council report dated 2 February 1994, there remains a "lack of transparency and predictability in the application of Iranian Law [and] uncertainty about what could be considered to be applicable legislation" in Iran.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of sources consulted in researching this Information Request.
Iran. The Civil Code of Iran. 1995. Translation from Persian by M.A.R. Taleghany. (Littleton, Colo: Rothman & Co.)
United Nations Economic and Social Council. 2 February 1994. E/CN.4/1994/50. Question of the Violation of Human Rights and Fundamental Freedoms, in Any Part of the World, with Particular Reference to Colonial and Other Dependent Countries and Territories."
Additional Sources Consulted
Pars Associates, Legal Information Service. Tehran, Iran. 1983. Z. Majdzadeh, M. Khajeh Nouri, M. R. Matine, G. H. Guillot. "The Islamic Penal Code."
Unsuccessful attempts to contact two oral sources.
Internet sites including:
Association of Iranian Women
Europe Women's Lobby
Factbook on Global Sexual Exploitation
Hughes, Donna (Professor, University of Rhode Island) "Women's Leadership in Resistance to Fundamentalism in Iran"
Hughes, Donna. (Professor, University of Rhode Island) "Women and Reform in Iran"
Human Rights Watch
Iranian Women's Brief ( 1998-2002)
National Council of Resistance of Iran, Committee on Women
World News Connection