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این یک عنوان است.
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Nasrin Afzali

In the midst of nuclear negotiations and agreements, powerful men within the country also reached a new agreement regarding women’s rights in divorce. An agreement that did not have any media coverage or discussions and analysis about it.

The issue is that the increase in divorces initiated by women has caused concern among officials, and like many other social phenomena, instead of finding the main reason and addressing it, the problem has been whitewashed and divorce has become more difficult for women to obtain. This is done by forcing psychological counseling before divorce, making the process longer and requiring women to make extra efforts to persuade and reach an agreement with their husbands. The keyword in these expressions of concern is also the word “agreement”.

According to Iranian laws, divorce is only possible at the request of the man. Although the consent of the woman is necessary for marriage (legally and religiously), it is not a condition for staying in the marriage. There are various obstacles that can lead to the continuation of the marriage despite the woman’s inner desire. Marriage and divorce laws in Iran are among the most discriminatory laws in the world against women, and Iran is one of the few countries where women do not have the right to divorce; a practice that goes against all human rights rules and agreements.

Although Iranian officials refer to Islam and consider this strictness in accordance with Islamic rules, according to the opinions of many Islamic scholars, there is a type of divorce in which a woman can use by paying a sum of money to the man and make herself divorced. This divorce, which is actually at the request of the woman, is known as a mutual divorce; although it is not mentioned in the law, in practice, the conditions for it are much more difficult than what is stated in Islamic laws. In such a way that practically many women do not have the opportunity to use this right and sometimes end the relationship by resorting to suicide, killing the husband, or fleeing from home. Factors that lead to the failure of women to use mutual divorce include economic, emotional, and legal factors. Being unemployed and therefore not having financial independence, unfair division of properties and assets of the couple after divorce, unstable conditions of financial support from the father for the child after divorce, and the difficulty of obtaining custody

However, in recent years, with the growth of education, public and legal awareness of women, and the growth of individuality and personal identity, the passion and financial independence of women have led to women having more maneuvering power and using legal capacities such as dowry to reach an agreement with their spouse and get a divorce; so that, according to officials’ claims, in all family-related cases, divorce by mutual consent has been given the highest rank of handling, and demands for dowry and non-consensual divorce have been placed in the lower ranks. Therefore, we see that what has caused concern for officials is not the increase in divorce, but the increase in mutual consent divorce, meaning divorce at the request of the woman.

Whispers of concern about the increase in “consensual divorce” began a few years ago and reached its peak. In 2010, Kavous Akbari, a judge in the judiciary, confirmed the increase in the number of consensual divorces in the country and the prevalence of consensual divorces compared to non-consensual ones, saying that cultural analyses should be used to prevent the irrational increase of this type of divorce in the country; however, these cultural analyses have resulted in nothing but stricter measures against women.

The new law on family support has been announced, stating that if a couple does not participate in counseling sessions, as determined by the court, their divorce will not be registered. Registering citizens’ personal information is one of the main duties and international obligations of all governments, and it is also one of the important advancements of the modern world. It is for the convenience of individuals to exercise their legal rights. Refraining from registering the divorce of a couple who have decided to separate by mutual agreement is against the law and Iran’s international obligations, and violates the basic rights of citizens. In this case, the person who suffers the most is the woman, as the man can easily have permanent or temporary marriages and continue his personal life as usual, while the woman needs to register the divorce for remarriage and, as she is still considered married, she needs the presence or permission of her husband for many things (such as leaving the country).

This law also falls under the restrictive policies in the areas of dowry, property division, and registration of divorce, which are currently being enforced through official and unofficial circulars and have targeted the agency and autonomy of women in taking control of their marital lives. Not only are ordinary people unaware of these actions and their legal consequences, but many experts, lawyers, and jurists are also uninformed and show little reaction or analysis. Once again, another form of gender discrimination has been disguised as benevolence and interest in strengthening the family and has been presented as a gift to citizens; ultimately resulting in our silence and complacency.