Institute of Islamic Studies 
and 

Centre for Study of Society and Secularism
 
 

Asghar Ali Engineer is a rights activist and heads two organisations, the Institute of Islamic Studies and the Centre for Study of Society and Secularism. He has authored or edited 44 books on such issues as Islam and communal and ethnic problems in India and South Asia in general.

For links to his other articles, please go to the top page of this site.


WOMEN AND PERSONAL LAW IN IRAN
Asghar Ali Engieer

(Secular Perspective September 1-15, 2000)


 Women had played very active role in Islamic revolution in Iran right from beginning. Before the revolution the Shah had imposed modern secular reforms and had abolished veil and Western dress was encouraged. However, these reforms were quite superficial as women had no freedom to participate in political activities and held no political office. She hardly enjoyed much freedom. It was again more an imitation of Western culture than true freedom for women.

 Women too, therefore, joined Islamic revolutionary movement in late seventies with great enthusiasm as they too were feeling constrained under Shah's regime. They freely chose, without any compulsion whatsoever, to give up their mini skirts and took to chador. One more reason why women voluntarily took to chador was that the Shah was accusing the revolutionaries as communist agents. They tried to prove their authentic Islamic character. Ayatollah Khomeini had also assured them of full political, cultural and social freedom after the revolution.

 However, Khomeini did not fulfil his promise and women were to some extent disappointed as more restrictions were sought to be placed on them after revolution took place. But as the women had played very dynamic role in the revolution they did not give up fighting for their rights. Number of papers and magazines were being published before the revolution and more such magazines and journals. These were indeed years of struggle for women in Iran. Afsaneh Najmabadi, a woman activist, described post revolutionary years in Iran as "Years of hardship, years of growth."

 Women issues have always remained quite sensitive issues in the third world society in general, and in Muslim societies, in particular. As a weekly women's journal Zan-I-Ruz (Today's Woman) pointed out in its editorial, "Colonialism was fully aware of the sensitive and vital role of woman in the formation of the individual and of human society. They considered her the best tool for subjugation of the nations….women serve as the unconscious accomplices of the powers-to-be in the destruction of indigenous culture to the benefit of imperialists."

 The editorial went on to conclude, that "the glory and depth of Iran's Islamic revolution to occur woman must be transformed. The centrality of gender to the construction of an Islamic political discourse thus changed that which had been marginal, secondary, postponed, illegitimate, and discredited into which was to central, primary, immediate and authentic. However, what is authentic remains highly controversial. Does it mean women's role should be restricted as against what is prevalent in the West? This is considered authentic role for women in many Muslim societies. Afghanistan is its best example. However, it was, though a prevalent view among conservative ulama in Iran too, could not go unchallenged. In countries like Afghaistan there is no, and possibly could not be, any contesting voice as women in that primarily a tribal society, had not played any role in bringing about Islamic revolution.

 However, it was not so in case of Iran, as pointed out above. Iranian revolution, because of active role played in it by women, have opened new vistas and possibilities for growth of all kinds of feminisms - including secular. New configurations of Islam, revolution, and feminism, are now emerging. It is very difficult for conservative clergy in Iran to ignore women's demands. Of that there are no attempts to suppress women's movements. Like the reform movement in Iran - which is gaining ground and hence conservative clergy is trying to suppress it with all its might - women's movements also face their ire. But it is beyond the clergy's might to do away with these movements. Initially women in Iran did feel betrayed by the clergy but did not lose courage, and continued its struggle - and with good result.

 The acts of defiance and resistance by women, as pointed out by Afsaneh Najmabadi, became instantly named as counter-revolutionary, a label that not only made these women easy targets of repression, but also cut off any possibilty of building alliances with Islamic women activists of the Revolution, many of whom were shocked into silence, frozen in disbelief at this unforseen turn of events. Islamic women activists had been political supporters and active organisers of the mass Islamic movement that overthrew the old regime. Many of these Islamic activists had been inspired by the Islamic womanhood as expounded, for example, in the writings of Ali Shari`ati who played very vital role in building up the Islamic consciousness, specially among the university students, both male and female and these students, in turn, played great role in bringing about Islamic revolution in Iran. 

 However, the post-revolutionary regime took measures promoting some of the most misogynous policies. Mihrangiz Kar, a noted feminist activist says:

 "Iranian women have gone through a difficult test. During the past decade, they have experienced difficulties and dangers that were unprecedented in their individual and social lives…..Women have come out of these testing times, without owing any debt to any one's propaganda machinery, registering themselves from the margins to the centre of social text…Now women, who have fulfilled their obligation, demand, not beg, their rights."

 It can be said without fear of any contradiction that despite all these problems the Iranian women today are in far better position than in many other Arab countries. The Iranian women have won, through sheer grit of their struggle, which is many women's envy in Islamic countries. In Kuwait women are struggling even for voting rights. In Iran, on the other hand, they not only have voting rights but can be, and are, elected to parliament and to high elective offices like vice president. 

 Not only this, women in Iran have won many concessions for themselves as far as personal laws are concerned. Today in Iran, if divorce takes place for no fault on the part of women or on account of her misconduct, she can claim from her divorcing husband half the property acquired during the married years or its equivalent. Such a provision does not exist in any other Muslim country. In Egypt a law was passed during Anwar Sadat's time, due to efforts of his wife Jahan Sadat that husband had to provide house in her name at the time of marriage. However, after Sadat's assassination, this law was reversed, under pressure from the conservative ulama of al-Azhar, the premier Islamic University in the Islamic world. Egypt is another Islamic country where women have been able to win some rights and effect change in their status.

 Another important right which the Iranian women have won is of divorce on the following counts: 1) if the husband does not pay her maintenance for more than six mnths and if there is no possibility that he will pay and similarly his inability to fulfil the obligations of married life and ensuring the rights of his wife for that period; 2) misbehaviour and mistreating wife and if wife is unable to bear this misbehaviour she can claim divorce; 3) if the husband is suffering from addiction to alcohol or drugs; 4) if the husband neglects wife or family life without any reasonable ground continuously for more than six months; 5) and if the husband takes another wife without permission of first wife or unjust behaviour towards her.

 These are far reaching concessions as far as conventional personal law is concerned. The women, as pointed out before, have not been able to win such rights. It is undoubtedly a great advance over the existing situation in other Muslim countries. Not only this an Iranian woman can also now claim compensation for all the house-keeping work she did for the number of years of married life if it is proved that wife is not be blamed for divorce. This is quite revolutionary provision in the law. 

 These provisions considerably restrict the rights and privileges of man available to him in other Muslim societies. This is the demand by women's organisations in many countries including Western countries. This has been possible in Iran because the whole Iranian society is in the throes of change and people are engaged in continuous struggle and the struggle creates sharp consciousness for ones rights.

 In Iran women's press is also quite strong. As pointed out before number of magazines and journals are published by various women's organisations and it is very difficult for the regime to suppress these publications. Afsaneh Najmabadi points out, "Out of these early years of Islamic women's activism emerged the drive toward rethinking gender in Islam in more radical ways. A number of women's organisations and institutes, as well as variety of women's journals now published in Iran, attest to the significance of this rethinking. These journals are distinct in their respective constructions of womanhood, ranging from Nida` (The Call), a rather ideologically rigid organ of quasi-governmental organisation to Zanan (Women), a journal that explicitly defends itself as feminist."

 This has been possible, as female literacy rate in Iran is quite high. In post-revolutionary period there has been special attention on female literacy. Female literacy, needless to say, plays very crucial role in bringing change in women's status. Even family planning consciousness increases sharply with the increase in rate of literacy. Increased rate of female literacy has been a great contribution of revolutionary regime and all the changes in the status of women in Iran have been possible because of increased literacy rate on one hand, and, continuous struggle on the part of women, on the other. Women's participation in Iranian revolution has played very vital role in this respect. Still the Iranian women have to go a long way in achieving equal status with men. But eventually they will, given the consciousness of Iranian women and continuous struggle on their part. 



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Posted 1 September 2000
Last revised 1 September 2000
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