Iranian Women’s Employment Law May Be Amended

May 20, 2018

The Majlis (Iranian Parliament) plans to amend the law that allows a man to prevent his wife from holding a job, according to Farideh Oladghobad, a deputy representing Tehran, Shemiranat, Eslamshahr and Share Ray. Under the new law, a man would be unable to stop his wife from seeking employment or continuing to work in her job without a court order.

“Laws must address current social and economic realities. That is the only path to progress,” Mrs. Oladghobad noted. “Islam, the Constitution and civil laws recognize a woman’s right to work.”

Article 1117 of the civil code, which addresses the legal rights of a married couple, was ratified in 1935. The Majlis has decided to add three clauses to amend the 83-year old law. Many of these discriminatory practices became law during the Pahlavi dynasty, under pressure from influential clerics. In the past four decades, the Majlis has passed many more bills that deny women their fundamental rights. 

Oladghobad explained: “According to Article 1117, a man has the right to prevent his wife from getting a job that would endanger or dishonor her family. One can interpret the law in two ways. Some family court judges believe that a man can stop his wife from working if he deems her job to be endangering or disgracing their family. And if the woman insists on remaining in her job, then the husband can file a petition with the family court which would issue a ruling based on the evidence. The court would give the woman an opportunity to argue her case. Other judges, however, believe that it is the court and not the husband which should decide if a woman’s job endangers or disgraces her family.”

Oladghobad added: “In most cases, marital problems prompt a man to force his wife to stop working. The amendment to the law would not allow the husband to stop his wife from working if she was employed before they were married, or if he had given his consent for her to get a job.”

“The proposed amendments state that a man must pay financial damages to his wife if the court finds that he prevented her from working without legitimate reasons and only out of spite or malice. He would not be able to use Article 1117 at a family or divorce court as his defense,” Oladghobad noted.

The women faction of the Majlis hopes to fast-track the amendment bill through an open session soon.