
Women, Dowry, and the Law: A Cycle of Injustice/ Elahe Amani
The proposed bill in Iran’s parliament in the year 1404 (2025) for reforming the dowry law has sparked widespread debate among legal experts and women’s rights activists. While the parliament’s goal is to reduce legal cases and the number of dowry-related prisoners, many feminists and advocates of women’s rights believe that such proposals do not address the problems women face in receiving their legal entitlements and are instead focused on facilitating conditions for men. The current legal framework allows women to demand their dowry at any time after marriage, and in case of non-payment, they can refer to the court or the civil registration office. However, the current process is extremely complicated, time-consuming, and expensive. The proposed plan to limit dowry to “14 coins” suggests eliminating court hearings and sending cases directly to the Enforcement of Judgments Office.
From the perspective of women’s rights, this proposal ignores women’s rights due to its focus on men’s interests. By limiting dowries and eliminating imprisonment for debtors, this plan merely weakens women’s legal leverage. Women’s rights activists argue that in Islamic countries, in the absence of equal rights in divorce, custody, and employment, dowry serves as a tool for women’s economic security.
Complexities of Dowry
The process of claiming dowry has become increasingly complicated due to legal loopholes and men’s ability to evade responsibilities. Ruling No. 774 of the General Assembly of the Supreme Court (1) in the year 1398 (2019) has exacerbated this issue, as it allows men to transfer their assets to others before a final judgment is issued. This tactic is even used to escape legal responsibilities in Western countries, especially in cases where women, for various reasons, are unaware of their rights in the host society.
Insolvency System: A Mechanism in Favor of Men
In Iranian civil law, insolvency refers to the status of a non-merchant individual who, due to lack of access to their property or insufficient assets, is unable to pay their debts or legal costs (2). In other words, if a person is sentenced to pay a sum but cannot afford to pay it all at once, they can file an insolvency petition. In this case, the court may issue a ruling for temporary exemption from payment or installment the debt.
The insolvency system in Iran, due to the patriarchal power dynamics in family law that do not support equal rights for women, has resulted in men being able to obtain insolvency rulings with minimal documentation and evade paying dowries. In contrast, women lack sufficient legal support to prove their financial rights.
From the perspective of protecting women’s economic rights, the proposed dowry reduction is a retreat from women’s rights and economic security. By limiting dowry without offering alternative support mechanisms, this proposal exacerbates the existing inequality in Iranian families. It should be noted that this is not the first time that a dowry law reform proposal has been introduced. In previous years, including in the winter of 1399 (2021), such proposals were brought before the Judicial and Legal Commission of Parliament. During Ebrahim Raisi’s tenure as head of the judiciary, the issue of decriminalizing dowry-related cases and releasing “dowry prisoners” was also discussed.
Parastoo Sarmadi, in an article titled “The Real Alternative to Dowry: An Equal Family Law / A Critique of the Proposal to Cap Executable Dowry at 14 Coins” published on 12 Khordad 1404 (June 1, 2025) in Ham-Mihan newspaper, points out:
“In Iran’s family law system, women face a series of restrictions that deprive them of many basic human rights within marriage. Matters such as the right to divorce, guardianship and custody of children, the right to leave the country, the right to decide on the place of residence, employment, and education are generally legally granted to men. In such a context, while dowry is not inherently a complete tool for gender justice, it has in practice functioned as the only source of power for many Iranian women when confronted with an unequal contract.” (3)
In the not-so-distant historical memory, men opposing dowry gathered in front of the parliament and, with slogans like “Dowry belongs to thousands of years ago,” “According to the Family Protection Law, women have full freedom in disobedience and dissolving the family unit,” “We don’t want feminist laws,” “My mother sold me for a dowry” (4), we saw how men, with state support, resisted any form of women’s equality-seeking demands in Iranian society. In such circumstances, where women in Iran have the fewest human rights within the family environment, dowry may be one of the few tools—especially for underprivileged women—by which they can, relying on it, escape a tense and violent household, even if only with short-term financial security. Although in many cases in Iran, dowry is traded off with the right to divorce and other stipulations in the marriage contract.
There are few women in Iran who, during disputes or situations of abuse and domestic violence, have not thought of saying “My dowry is halal, my life is free.” This popular proverb means that the woman is willing to forgo her dowry in order to be released from the suffering of marriage and her husband’s abuse. This phrase is used when someone is deeply dissatisfied with their spouse and is willing to pay any price for divorce—even if that price is her dowry. In reality, this proverb refers to a type of divorce in Islamic jurisprudence known as khulʿ divorce. In a khulʿ divorce, the woman voluntarily separates from her husband and, in return, gives up her dowry to convince him to agree to the divorce (5). Therefore, “My dowry is halal, my life is free” is a metaphor for liberation from an unwanted relationship through financial sacrifice.
In any case, any reform of the dowry law must be carried out by taking into account the social, economic, and gender inequalities in Iranian society.
In dowry laws, the following principles should guide the reform process:
1- Establish alternative support mechanisms for women, such as equal rights in divorce, custody, and employment.
2- Create a database of couples’ assets to prevent the transfer of property and evasion of responsibilities.
3- Reform the insolvency system with greater transparency and accountability.
4- Encourage the active participation of women and include their perspectives, experiences, and demands in the legislative process.
5- Provide family law education for couples before marriage.
Including marriage contract stipulations and raising awareness among families and women about defining such terms as a precondition for marriage can assist women—who under Iranian law are considered second-class citizens and lack equal human and civil rights—until a gender-equal family law is drafted that truly respects the rights of women in Iran.
References:
1- The recent Supreme Court Ruling is in Accordance with the Law, Tasnim News, 8 Ordibehesht 1398 (April 28, 2019).
2- Insolvency, Persian Wikipedia.
3- The Real Alternative to Dowry: An Equal Family Law / A Critique of the Proposal to Cap Executable Dowry at 14 Coins, Ham-Mihan Online, 28 Khordad 1404 (June 17, 2025).
4- Gathering of Men and Women Opposing Dowry in Front of Parliament, Aftab News, 27 Mehr 1400 (October 19, 2021).
5- Khulʿ and Mubarat Divorce, Persian Wikipedia.
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