Book 7, Section 1 of the Civil Code of the Islamic Republic of Iran [footnote 3] outlines the provisions relating to marriage: According to Quran (2:221) Muslim men are free to marry fellow-Muslim women but they are forbidden to marry women from idolatrous communities unless they embrace Islam. They are, however, expressly allowed to marry upright women from the ahl-al-kitab, “people of the book”, meaning Jews and Christians, and, according to Shi’a, Zoroastrians, who are followers of the divine religions with a revealed scripture (5:6). IranWire reported on underage marriage in July 2016, noting ‘By law, […] a girl can object to the marriage, and prevent it. But since girls under the age of 13 are normally dominated by the wishes and decisions of their fathers, and cannot realistically object, the only hope of preventing such marriages is through the courts. The court can refuse permission if it deems the marriage to be against the interests of the girl, as stipulated by Article 1041 of the Civil Code.’ [footnote 176] Note- Women, who appear in public places and roads without wearing an Islamic hijab, shall be sentenced to ten days to two months’ imprisonment or a fine of fifty thousand to five hundred Rials.’ [footnote 102]

Another factor which can influence the standard of scrutiny is whether early marriage is common in a certain region. In those provinces where early marriage has a significant religious value, courts usually apply a lower standard of scrutiny for determining the interests of a child below the legal age. For instance, in Sistan and Balouchestan, some judges determine a girl’s intelligence and maturity by “placing two sets of jewellery in front of her and the girl is queried as to which one is genuine gold or what the current market value of gold is”… Since gold is the traditional form of property for women in Iran, it is expected that every married woman understands its value.’ [footnote 131] Asghari also commented on the legal vacuum that exists regarding minimum age for marriage, subject to the conditions under Article 1041 of the Civil Code: All information is publicly accessible or can be made publicly available. Sources and the information they provide are carefully considered before inclusion. Factors relevant to the assessment of the reliability of sources and information include: Decision makers should also refer to the instruction on Gender issues in the asylum claim and Processing children’s asylum claims. 2.5 ProtectionIn general, the state is able to provide effective protection to a woman or girl in fear of a forced marriage. However, due to discriminatory laws and practices against women and girls, including legislation that allows child marriage, the state – particularly in rural, more traditional areas – may be unwilling to provide effective protection. Decision makers must consider each case on its facts. The onus is on the person to demonstrate why they would not be able to seek and obtain state protection.

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]. The Iran Chamber Society also noted ‘In the past the parents and older members of the family arranged almost all marriages. This is still the case in rural areas and with traditional families. Modern couples however, choose their own mate but their parents’ consent is still very important and is considered by both sides. Even with modern Iranians, after the couple have decided themselves, it is normally the grooms’ parents or other relatives who take the initiative and formally ask for the bride and her family’s consent.’ [footnote 111] The USSD Human Rights Report for 2020 stated that ‘Most rape victims likely did not report the crime because they feared official retaliation or punishment for having been raped, including charges of indecency, immoral behavior, or adultery, the last in which conviction carries the death penalty. Rape victims also feared societal reprisal or ostracism. There were reports that approximately 80 percent of rape cases went unreported.’ [footnote 191] It went on to explain that ‘Authorities considered abuse in the family a private matter and seldom discussed it publicly.’ [footnote 192] 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) For further guidance on assessing the availability of state protection, see the instruction on Assessing Credibility and Refugee Status and the Country Policy and Information Note on Iran: Actors of Protection.

This note provides country of origin information (COI) and analysis of COI for use by Home Office decision makers handling particular types of protection and human rights claims (as set out in the Introduction section). It is not intended to be an exhaustive survey of a particular subject or theme. Book 7, Section 2 of the Civil Code outlines the provisions relating to dissolution of marriage and states under Article 1120 that ‘Marriage may be dissolved by cancellation, by divorce, or by waiver of the remaining period in the case of a temporary marriage.’ [footnote 50] The Civil Code goes on to describe the circumstances under which a marriage may be dissolved [footnote 51].

Radio Farda noted in 2019 that divorces increased from 1 divorce in 8 marriages in 2008 to 1 in 3 in 2018 [footnote 99]. Women aged between 15 and 19 made up over 29% of all divorced women in the March 2017 to March 2018 calendar year, according to a member of the Iranian parliament [footnote 100]. Writing on early marriage in Iran in November 2019, Shamin Asghari noted ‘The international human rights system has used child marriage, early marriage and forced marriage interchangeably to describe a marriage in which one or both of the parties are under 18. The underlying assumption is that anyone below the age of 18 is a child and his/her marriage is forced.’ [footnote 124] Asghari’s article went on to analyse the complexities in defining an early marriage as forced when the greater context or recognition of the various factors that influence the timing of marriage is not considered [footnote 125]. In regards to temporary marriages, the EJIMEL report noted there were 2 legal possibilities to register a temporary marriage: The Norwegian Country of Origin Information Centre, Landinfo, provided information in a report on Iran’s welfare system, based on a range of sources, dated August 2020, and noted the State Welfare Organization (SWO), part of the Ministry of Cooperatives, Labour and Social Welfare, offered avenues of support for women and girls affected by domestic violence, including 2 hotlines (123 – a general line, but also for victims of domestic violence – and 1480 for children) to the social emergency institution (urzhans-e ejte Section 5 updated: 1 December 2021 5. Position of women in society 5.1 Cultural and societal attitudes towards women and marriageFor information on assessing credibility, see the instruction on Assessing Credibility and Refugee Status. The USSD Human Rights Report for 2020 observed that ‘A woman has the right to divorce if her husband signs a contract granting that right; cannot provide for his family; has violated the terms of their marriage contract; or is a drug addict, insane, or impotent. A husband is not required to cite a reason for divorcing his wife. The law recognizes a divorced woman’s right to part of shared property and to alimony. These laws were not always enforced.’ [footnote 61] Whilst the USSD’s 2019 report noted ‘The government actively suppressed efforts to build awareness among women of their rights regarding marriage and divorce.’ [footnote 62] 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]

The Middle East Institute (MEI), a US-based think tank, reported in March 2020 on the position of women in Iran: There are a few examples of court and social services intervention, where the marriage of a child has been annulled and the child removed from the family (see Avenues of redress). Decision makers should also refer to the instruction on Gender issues in the asylum claim and Processing children’s asylum claims. 2.6 Internal relocation Multiple sourcing is used to ensure that the information is accurate and balanced, which is compared and contrasted where appropriate so that a comprehensive and up-to-date picture is provided of the issues relevant to this note at the time of publication.Freedom House stated in its annual 2021 Freedom in the World Report for Iran that ‘Women do not receive equal treatment under the law and face widespread discrimination in practice. For example, a woman’s testimony in court is given half the weight of a man’s, and the monetary compensation awarded to a female victim’s family upon her death is half that owed to the family of a male victim.’ [footnote 188] The Constitution of Iran guarantees all citizens the right to seek justice and to receive legal aid and advice. However, cultural factors often form barriers to women’s opportunities to seek and get justice. As Iran’s legislation is based on Islamic criteria that discriminate against women, men rule the justice system. Studies on the subject reveal that women have a negative attitude towards the justice system and their opportunities of getting justice through the system. Taking domestic violence cases to court is seen as shameful, which is why only few cases ever go that far. The formal justice system is therefore not enough of a guarantee of an individual’s rights, taking into account the underlying customs and sociocultural norms. 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]