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         Women’s Rights in Iran:
A Hybrid of Tradition and Progress

By: Eunice Kim

The Stoning of Soraya M, a novel-based
film released just two months ago in the
U.S., is perhaps one of the most scathing
exposés of women’s rights violations in
post-revolutionary Iran. The film points
the finger at an apparently modernized Iran
for sanctioning the inhuman practice of
stoning a woman accused of adultery, a
ritual that Muslims, Jews and Christian
traditions are guilty of consenting to for
the past thousands of years. Not only in
Iran, but in every other country where
women’s rights are jeopardized, the pre-
vention of violence against women hinges
on one very essential civil right – a wife’s
right to divorce.

AMG interviewed Monica Ringer, author of Education, Religion, and the
Discourse of Cultural Reform in Qajar Iran, who explained that Iran’s
improvements when it comes to women’s civil rights are very mixed.
“Women have less legal rights than they did prior to the Iranian
Revolution of 1979, although more women have more access to health
care, running water, electricity, and education,” Ringer said. “This
complicates what we mean by rights and forces us to think of women’s
lives as they are impacted by policies, rather than simply theoretical
rights on paper.” The reason why so many women are victimized in their
marriages is that so many of the laws protecting them are in such small
print.

It would not be long shot to say that in Iran, a woman’s only hope in
preserving her rights lies in the Iranian civil courts. Familiarity with the
nuances of the Iranian legal system is almost necessary for a woman’s
survival, especially in post-Khomeini Iran where the husband still has the
unquestionable right to divorce his wife without justification. For many
Iranian women, the family courts are a blessing in disguise because the
judicial system in Iran is a hybrid of the rules laid down by the Qur’an and
Western republicanism. If a woman is not receiving any monetary
support from her husband (which is a far more severe case in Iran than in
America where marriage is not as necessary for economic survival), she
has the option of petitioning for a divorce.

Knowledge of the workings of the judicial system is necessary for a
woman to obtain a divorce even if the husband is against it. Especially for
women who are too poor to afford lawyers, a certain degree of savvy is
required – a woman can use the civil codes and the Islamic emphasis on
family values in order to obtain her goals. It may seem unfair that women
in Iran have to study so much so as not to be cheated by the law and by
their husbands, but it is a vast improvement from the beginning of the
Revolution, when politicians such as Ayatollah Khomeini and Ayatollah
Motahhari dissolved many family protection laws and decreed that if a
woman divorces and remarries, she is henceforth an adulteress.

In this sense, women’s rights in Iran have both progressed and regressed.
Unfortunately, the post-revolutionary attempt to return to “tradition” has
meant stricter laws on dress and behavior in public. It is not uncommon
for a woman to be arrested for wearing a prohibited amount of makeup.
But on the bright side, women who are passionate about preserving their
civil liberties are on the rise, many of whom also happen to be devout
Muslims. Many women, both single and married, hold meetings in their
houses to study the Qur’an so that if they are ever arrested on
unreasonable grounds, they can point to the Qur’an and thus preserve
their rights as women or, more specifically, as Muslim women.

Though it may be based on necessity, the increasing number of female
intellectuals is a good sign. “There are many active women’s groups in
Iran, as well as prominent intellectuals, lawyers, filmmakers,” said
Ringer. Many feminist groups in Iran are often stereotyped as
brainwashed, or “Europhile.” “The danger in seeking to extend aid to
groups working in Iran is that they will then be accused of treason and
weakened politically through association with the U.S.,” says Ringer. So
although we are constantly encouraged as Americans to intervene in the
civil rights affairs of other countries, in the case of Iran, change will come
from within.