The Temporary Wife: Luca and Valentina's Story: 2 (The Windsors)

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Article 1107 of the Civil Code states that maintenance includes ‘dwelling, clothing, food [and] furniture in proportion to the situation of the wife…’ [footnote 46], although this right to maintenance is forfeited ‘If the wife refuses to fulfil duties of a wife without legitimate excuse…’ [footnote 47] According to the 2013 IHRDC report, ‘A wife’s disobedience can also create legal grounds for polygamy, divorce, or domestic violence…’ [footnote 48] 3.6 Divorce and child custody 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).

For information on pre-marital relationships and adultery, see the Country Policy and Information Note on Iran: Adulterers. 3.5 Dowry and maintenance rights UNICEF data on Iran, based on 2010 figures, show that 3% of women (aged 20–24 years) were first married before 15 years of age and 17% before 18 years [footnote 145]. Another case of court intervention occurred in August 2019, in which the marriage of an 11 year-old girl to her 22 year-old cousin was annulled after a local judge ruled the girl was not ‘intellectually mature’ enough to manage a family [footnote 180]. The intervention came about after a video of the marriage appeared on social media and state television [footnote 181].

For further guidance on assessing risk, see the instruction on Assessing Credibility and Refugee Status. Amnesty International’s research shows that women face entrenched discrimination in family law and criminal law. Iran’s legal system puts women in a subordinate status relative to men. Under the penal code, the testimony of a woman is accorded half the value of that of a man. The age of criminal responsibility is set at nine lunar years (eight years and eight months) for girls but at 15 lunar years (14 years and six months) for boys. Women are also discriminated against under the Civil Code, notably in matters relating to marriage, divorce, child custody and inheritance.’ [footnote 190] cultural or tribal traditions and customs, including families who believe their daughter has to marry before reaching puberty (see Cultural and societal attitudes towards women).

Vital events of each person (birth, marriage, divorce waiver of enjoyment of wife’s company for the remaining period in a temporary marriage and death) are registered in books as follows: 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. As noted in the Family Law in Iran paper, a wife is entitled to receive a dowry and maintenance from her husband, regardless of her own wealth [footnote 44]. The paper provided a detailed definition of dowry, which it described as ‘a sum which the husband pays or obliges himself to pay to the wife (not to her family), by virtue of having sexual relations.’ [footnote 45] 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]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] The Family Law in Iran paper noted that marriages ‘must… be reported to the “notaries” offices of the Ministry of Justice, where they are recorded in the public registers and entered on the identity cards (sijill) of the partners. There is no fee for registering marriages and divorces.’ [footnote 37]

This section analyses the evidence relevant to this note - that is information in the COI section; refugee/human rights laws and policies; and applicable caselaw - by describing this and its inter-relationships, and provides an assessment of, in general, whether one or more of the following applies: A forced marriage is where one or both people do not or cannot consent to the marriage, and pressure or abuse is used to force them into marriage. Men and boys may also be victims of forced marriage, but this note focuses on forced marriage of women and girls who are likely to be at greater risk of such practice in Iran. 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]. Shamin Asghari noted in a paper on early marriage, regarding the influence of Islam in Iranian law, that:

The Temporary Wife/A Promise of Spring

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]