Revisiting the Role of Gender in Iranian Family Law: From Male Guardianship to Gender Justice

Abstract

The family law system of the Islamic Republic of Iran is formed on the basis of Twelver Shiʿi jurisprudence and relies on traditional interpretations of religious sources. Within this framework, gender plays a role that goes beyond a mere biological difference and functions as a rights-constitutive element in determining the status, rights, and duties of spouses. Adopting an analytical–descriptive approach, the present study examines the impact of gender on Islamic family rulings in Iranian law and demonstrates how concepts such as male guardianship (qiwāmah), obedience (tamkīn), disobedience (nushūz), maintenance (nafaqah), dower (mahr), child custody, the right to determine the place of residence, and polygyny operate within an interconnected structure that reproduces an unequal distribution of legal power between women and men. The findings indicate that although Islamic jurisprudence recognizes certain significant financial and protective rights for women, these rights are often conditioned upon the fulfillment of gender-based obligations and, in practice, assume a dual function, simultaneously serving supportive and controlling roles. Moreover, an examination of contemporary legislative developments and judicial practice—particularly in the areas of dower and maintenance—reveals that fragmented and case-specific reforms, without a reconsideration of the structural foundations of family law, have failed to achieve gender justice. Accordingly, this study emphasizes that realizing gender justice in Iranian family law requires a critical re-examination of its foundational concepts and the establishment of an institutional balance between the rights and duties of spouses.