Iran: Changes to legislation on child custody: whether its impact has been felt; the text of the legislation
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 June 1998 |
| Citation / Document Symbol | IRN29465.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Iran: Changes to legislation on child custody: whether its impact has been felt; the text of the legislation, 1 June 1998, IRN29465.E, available at: https://www.refworld.org/docid/3ae6acee12.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The Research Directorate has not been able to obtain a copy of the text of the legislation to modify Article 1173. However, according to an English translation of the Civil Code of Iran published in 1973, Article 1173 read as follows:
If the physical health or moral education of the child is endangered as a result of the carelessness or moral degradation of the father or mother who are in charge of its custody the court can take any decision appropriate for the custody of the child on the request of its relatives or its guardian or the Public Prosecutor. (Sabi, 187)
On 2 November 1997 a private member's bill to amend Article 1173 was passed by Iran's legislature (the "Islamic Consultative Majles") (IRIB Television 2 Nov. 1997). Abdolfatah Mordazavi, head of the Majles judicial committee, stated that
there has not been any fundamental changes made to the text of Article 1173. However, as requested by the gentlemen and the sister who proposed the private members bill, five clauses were added to the article regarding persons addicted to narcotics or alcohol, persons known to be morally corrupt, or persons unable to or unsuitable for bringing up children. We have allowed the judge to make a decision and to determine the custody, and to transfer the custody from the person previously in charge to another person, either the father or the mother. Of course, this must be done after a request by a family member close to the child (ibid.).
A 22 December 1997 article in the Swedish newspaper Svenska Dagbladet states that under the amended custody law, a woman can contest custody of her children from her ex-husband on the grounds that the latter is unfit, but the onus is on the woman to prove to the court that the man is not fit.
No information on the impact of the amendment to Article 1173 could be found among the sources consulted by the Research Directorate.
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.
References
IRIB Television First Program Network [Tehran, in Persian]. "Iran: Iranian Majles Passes Child Custody Law." (FBIS-NES-97-306 2 Nov. 1997/WNC)
Sabi, Musa. 1973. The Civil Code of Iran. Tehran. (official translation)
Svenska Dagbladet [Stockholm, in Swedish]. 22 December 1997. Marta Appelqvist. "Iran: Swedish Reporter: Women Pushing for Rights" (FBIS-WEU-98-018 22 Dec. 1997/WNC)
Additional Sources Consulted
Electronic sources: IRB databases, LEXIS/NEXIS, REFWORLD.
One oral source consulted did not provide information on the requested subject.