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January 28, 2025

The Hijab and Modesty Law on a Challenging Path/ Roza Nateghi

The text of the Hijab and Modesty Law was released on December 1, 2024 (10 Azar 1403). Mohammad Bagher Ghalibaf, Speaker of the Parliament, had previously explained the delay in its release. While defending the law, he stated that its implementation had been postponed due to “events related to the year 1401.” He emphasized that “two significant changes in this law include the removal of morality police vans from the streets and the elimination of prison sentences for unveiled women.”

After the publication of the law’s contents, Ghalibaf declared that fines would replace imprisonment and morality police vans for women deemed unveiled or improperly veiled. Article 50 of the law stipulates that women who remove their hijabs in public—whether physical or virtual spaces—will be fined approximately 5 million tomans for the first offense and up to 165 million tomans for subsequent offenses. If a woman is found without a hijab (such as a chador, scarf, or shawl) in public, her identity will be confirmed using smart systems under the Law Enforcement Command of the Islamic Republic of Iran (FARAJA), which will cross-check with other reliable databases. She will initially be fined half the maximum grade 8 monetary penalty, suspended for three years. Upon a second violation during the suspension period, a notification will be sent via SMS or mail, and she will be fined both the first and second penalties. For a third offense, a judicial authority will impose a grade 6 monetary penalty, and subsequent offenses will incur a grade 5 penalty. A woman with more than four violations will face punishment for repeated offenses under Article 38 of the law, excluding imprisonment. (1)

Furthermore, Article 19 of the Islamic Penal Code sets half of the maximum grade 8 fine at 5 million tomans. A second offense, combining the grade 8 fine with the initial penalty, amounts to a total of 15 million tomans. In other words, two warnings regarding improper veiling lead to a fine of 15 million tomans. A grade 6 fine ranges from 20 million to 80 million tomans, while a grade 5 fine ranges from 80 million to 165 million tomans. Under Article 56, individuals who fail to pay these fines are barred from obtaining passports, driver’s licenses, vehicle registrations, exit permits, or releasing impounded vehicles. (2)

Formation of a “Committee” to Combat Improper Veiling

To implement the Hijab and Modesty Law, the Ministry of Interior is tasked with forming a committee. This committee is responsible for coordination, planning, establishing mechanisms, and overseeing the actions of organizations and entities assigned duties under this law and the Supreme Council of the Cultural Revolution’s resolutions. The Ministry is authorized to utilize all available capacities, resources, and non-governmental and public organizations to establish the Coordinating and Steering Committee for the Implementation of the Hijab and Modesty Resolution. An annual report on its activities must be submitted to the Supreme Council of the Cultural Revolution and the Parliament by October.

The committee will include representatives of the highest authorities from the entities specified in Chapter 3 of the law, alongside two members of the Judicial and Legal Affairs and Cultural Committees of the Parliament (one from each committee), selected as observers. Non-executive entities, including military and law enforcement agencies and the Islamic Republic of Iran Broadcasting (IRIB), are obligated to cooperate with the committee with the permission of the Supreme Leader. (3)

Under Chapter 3, entities such as IRIB, the Ministry of Culture and Islamic Guidance, the Organization for Islamic Propagation, the Ministry of Education, the Ministry of Science, Research and Technology, the Ministry of Health and Medical Education, the Vice Presidency for Science and Technology, the Ministry of Interior, municipalities, the State Welfare Organization, the Ministry of Sports and Youth, the Ministry of Economic Affairs and Finance, the Ministry of Industry, Mines and Trade, the Ministry of Roads and Urban Development, the Ministry of Information and Communications Technology, the Ministry of Cultural Heritage, Tourism and Handicrafts, the Ministry of Intelligence, the IRGC Intelligence Organization, the Administrative and Recruitment Organization, the Vice Presidency for Women and Family Affairs, and FARAJA are mandated to implement this law. (4)

The single-urgency bill to support the culture of hijab and modesty, aimed at promoting social health and registered as No. 909, was referred to the relevant parliamentary commission under Article 85 of the Constitution. After extensive discussions with executive officials and experts from the Research Center, the bill, with amendments, was approved for a three-year trial period. The bill emphasizes the family as the cornerstone of human growth and societal stability. It declares any behavior in physical or virtual spaces—such as nudity, unveiling, inappropriate clothing in public spaces, or the promotion of actions disrupting family tranquility, increasing divorce rates, causing social harm, or diminishing family values—as violations of Articles 1 and 7 of the Constitution’s third principle and Article 10. Such actions are prohibited under this law and other regulations. (5)

Widespread Opposition to the Hijab and Modesty Law

Despite its release on December 1, 2024, the law has not been enacted, facing numerous obstacles. Ali Rabiei, the President’s Social Affairs Advisor, tweeted on December 15, 2024 (24 Azar 1403), that the law had been referred to the Supreme National Security Council. Some believe the government can use its authority to at least delay its implementation. Ali Reza Salimi, a member of the Parliament’s Board of Directors, confirmed that the law had been sent to the council, stating, “This law was proposed by the previous government, and the Supreme National Security Council Secretariat has requested that the process be paused so the government can submit a revised bill.” (6)

From the beginning, the government showed little inclination to implement the law. After its referral to the Supreme National Security Council, Shahram Dabiri, the President’s Parliamentary Deputy, stated, “Currently, this law cannot be enforced. It has been proposed that it be reviewed and suspended through a meeting of the heads of branches of government or the Supreme National Security Council.” He stressed that certain laws remain unenforced due to a lack of necessary infrastructure. Similarly, the current conditions in the country are not conducive to enforcing this legislation. (7)

Ayatollah Mohaghegh Damad, a prominent scholar of advanced jurisprudence in Qom, has not supported the law. He remarked, “Such laws and approaches produce counterproductive results. Hijab is obligatory, but coercive measures like this backfire. Some proponents of this issue aim to use hijab as a shield to cover up their own failures.” (8)

Seyed Javad Nikbin, a Parliament member from Kashmar, also voiced reservations about the law, stating, “The conditions for enforcing the Hijab and Modesty Law are always present, but the government must ensure that incidents like Mahsa Amini’s do not recur. We must not anger or provoke the public but enforce the law gently. Hijab and modesty are multidimensional issues and cannot be implemented through coercion. Moreover, enforcement should foster public peace rather than conflict.” (9)

Conversely, despite strong opposition to the Hijab and Modesty Law and its provisions targeting improper veiling, Amir Hossein Bankipour, the law’s architect, insists that it does not target women with minor hijab violations. He elaborated, “This law mandates that stores and banks connect their non-security cameras to FARAJA and the judiciary to identify offenders. The law aims to combat nudity, inappropriate attire, and unveiling, not minor infractions like improper veiling.” (10)


References:

  1. “Fines for Improper Veiling Ranging from 5 to 165 Million Tomans,” Shargh Network, December 1, 2024.
  2. “New Details on the Hijab and Modesty Law,” Asr Iran, December 1, 2024.
  3. “Final Hijab Law Approved + Full Text,” Donyaye Eghtesad Newspaper, December 1, 2024.
  4. Ibid.
  5. Ibid.
  6. “Parliament Member Confirms Suspension of the Hijab Law,” IRNA, December 15, 2024.
  7. “Temporary Suspension of the Hijab Law; Government Withholding Amendment,” Khabar Online, December 18, 2024.
  8. “Ayatollah Mohaghegh Damad: Hijab Cannot Be Enforced with Force,” Khabar Online, December 18, 2024.
  9. “A Parliamentarian Warns: Avoid Another Mahsa Amini Incident,” Asr Iran, December 16, 2024.
  10. “Bankipour, Architect of the Hijab Law…” Etemad Online, December 16, 2024.
Created By: Roza Nateghi
December 21, 2024

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