The Temporary Wife: Luca and Valentina's Story: 2 (The Windsors)

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The report added that Iran’s ‘construction of gender roles and the patriarchal control of women have produced a [legal] framework that demands women’s obedience to their husbands and has its roots in the idea of male superiority and female inferiority. It clearly insists on roles and expectations based on gender stereotypes, and results in the economic, social and political predominance of men and dependency of women.’ [footnote 89] The IHRDC noted, however, that, ‘… legal inequalities do not solely originate from deficiencies in laws, but also from social customs and traditions that retain the bias of pre-modern and patriarchal social systems.’ [footnote 90] Another factor which can influence the standard of scrutiny is whether early marriage is common in a certain region. In those provinces where early marriage has a significant religious value, courts usually apply a lower standard of scrutiny for determining the interests of a child below the legal age. For instance, in Sistan and Balouchestan, some judges determine a girl’s intelligence and maturity by “placing two sets of jewellery in front of her and the girl is queried as to which one is genuine gold or what the current market value of gold is”… Since gold is the traditional form of property for women in Iran, it is expected that every married woman understands its value.’ [footnote 131] Book 7, Section 2 of the Civil Code outlines the provisions relating to dissolution of marriage and states under Article 1120 that ‘Marriage may be dissolved by cancellation, by divorce, or by waiver of the remaining period in the case of a temporary marriage.’ [footnote 50] The Civil Code goes on to describe the circumstances under which a marriage may be dissolved [footnote 51].

For further guidance on assessing the availability of state protection, see the instruction on Assessing Credibility and Refugee Status and the Country Policy and Information Note on Iran: Actors of Protection.The September 2019 MRG report also referred to these areas, noting the high levels of child marriage ‘in some minority-populated regions such as Sistan-Baluchestan, Kurdistan, and Khuzestan. This is attributed to the economic marginalization of those provinces, in addition to social and cultural factors.’ [footnote 148] The report further explained how ‘These marriages put girls at additional risk given the overall low levels of development and health infrastructure in the province.’ [footnote 149] It is split into 2 parts: (1) an assessment of COI and other evidence; and (2) COI. These are explained in more detail below. Assessment For information on assessing credibility, see the instruction on Assessing Credibility and Refugee Status. Writing on early marriage in Iran in November 2019, Shamin Asghari stated that, according to Article 1041 of the Civil Code, ‘… the minimum age of marriage is 13 for girls and 15 for boys, and any exception is contingent upon the permission of the guardian and the child’s best interests as determined by a competent court.’ [footnote 129]

Women’s threshold for turning to the justice system can be extremely high, as there is often a social stigma attached. Iran’s traditional culture views divorce and talking about marital problems as shameful, which is why friends and relatives of women who are victims of domestic violence often pressure them to keep quiet about the issue for as long as possible. if a claim is refused, it is likely or unlikely to be certifiable as ‘clearly unfounded’ under section 94 of the Nationality, Immigration and Asylum Act 2002. A temporary marriage does not require a divorce as it ‘automatically expires after the pre-defined period of marriage has passed.’ [footnote 63] However, according to the Iranian Civil Code, any remaining period of a temporary marriage may be waived [footnote 64]. Divorces, whether permanent or revocable, must be registered with the relevant authorities [footnote 65] [footnote 66]. Decision makers should also refer to the instruction on Gender issues in the asylum claim and Processing children’s asylum claims. 2.7 CertificationAnother category of child marriage identified by Abhari is based on people in poverty seeking economic gain. These parents send away their daughters very young to the groom’s house in exchange for a bride price, which depends on how beautiful the girl is or how rich the future husband is. There are also groups in Iran who believe girls should marry ideally before puberty.’ [footnote 141] Girls Not Brides, a global partnership of more than 1,500 civil society organisations committed to ending child marriage, noted in regard to Iran, ‘… while there are some reformist politicians and activists advocating for a change to Iran’s marriage laws, there has been little progress in recent years and the issue remains sensitive.’ [footnote 183]

According to an Iranian researcher, with an interest in child marriages in Iran, ‘… when courts do step in to end child marriages, there are no happy endings. Often the rest of the village will shun the girl for bringing disgrace to their families. And sometimes families will quietly re-marry their daughters to the same man once the dust has settled.’ [footnote 182] PDF / EPUB File Name: The_Temporary_Wife_-_Catharina_Maura.pdf, The_Temporary_Wife_-_Catharina_Maura.epub Guidance provided in April 2020 by the then UK Foreign and Commonwealth Office (FCO), now the Foreign, Commonwealth and Development Office (FCDO), described a forced marriage as ‘where one or both people do not or cannot consent to the marriage, and pressure or abuse is used to force them into marriage.’ [footnote 126]When assessing internal relocation, in the reported case of TB (PSG, women) Iran [2005] UKIAT 00065 (09 March 2005), the Tribunal took into account the position in Iranian society of the persons feared. In the case of TB, the appellant feared her father and intended husband (a Mullah), both of whom were members of the Niru-Entezami (Law Enforcement Forces – LEF). The Tribunal concluded that an internal relocation alternative was not realistically available due to the influence of the appellant’s potential persecutors on the state authorities and mechanisms (paragraphs 68 and 69.v). Section 8 updated: 1 December 2021 8. Access to justice 8.1 Attitudes towards women in the justice system Article 12 of the Constitution makes Shí’ah Islam the state religion in perpetuity, but recognizes the Hanafí, Shafi’í, Málekí, Hanbalí and Zaidí schools, allowing followers of these schools to perform religious rituals according to their own teachings. This presumably applies to the ritual form of engagement and marriage agreements. It also says that, in matters of “religious instruction and personal status (including marriage, divorce, inheritance and the framing of wills) and the cases relating thereto [these 5 schools] are considered to be official in courts of law. In every region where the followers of any of these sects enjoy a majority of the particular sect [sic] the local regulations will be formulated according to precepts of jurisdiction of the councils of that region of councils with the assurance that the rights of followers of other sects will be preserved.” It is not known whether this has been put into effect: the constitution contains provisions for other institutions which were not immediately given effect.’ [footnote 12] Iran’s largest religious minority, the Bahá’ís, have their own laws regarding engagement, marriage, divorce, the writing of a will and inheritance, and a system of local and national elected assemblies empowered to rule on cases. However the Bahá’í Faith is not a recognized religion: its followers are regarded as heretical Muslims or as apostates, and its assemblies have been dissolved. Bahá’í marriages are not recognized, so that Bahá’í children are regarded as illegitimate and cannot inherit. They are not regarded as being protected by Article 14’s guarantee of human rights for non-Moslems.’ [footnote 18] 3.3 Temporary marriage

The Australian Government’s Department of Foreign Affairs and Trade (DFAT) noted in its April 2020 report on Iran, which was informed by DFAT’s on-the-ground knowledge and discussions with a range of sources in Iran, as well as relevant and credible open source reports, including those produced by: the United Nations and its agencies, the US Department of State, the UK Home Office, the World Bank, the International Monetary Fund, leading human rights organisations such as Amnesty International, Human Rights Watch and Freedom House, and reputable news sources, that, within the limits of the law, Zoroastrians, Jews and Christians can perform their own religious ceremonies and issue marriage contracts in accordance with their religious laws [footnote 15]. The same report also noted, ‘Conservative Zoroastrians frown upon marriage outside of the faith…’ [footnote 16] The IHRDC report noted that Article 1133 of the Civil Code was amended in 2002, adding ‘While the old article provided that a man could divorce his wife whenever he wishes without any judicial procedure, the amended article provides: “A man can divorce his wife under the conditions of the current law and by applying to the court”.’ [footnote 55] The 2013 IHRDC report noted that ‘… the natural guardian (vali-ye-qahri: father or paternal grandfather) has the right to marry for and on behalf of his minor daughter, in compulsory marriage. While in other Islamic schools the natural guardian has the right to marry even for his adult daughter, in Hanafi and Shi’ite law, only minor girls may be contracted in compulsory marriage, and adult women may conclude their own marriage contracts.’ [footnote 112] However, the report also explained that ‘… even adult women are not completely free to marry for the first time at their own discretion. There is still a restriction which affects their freedom of marriage as long as they are a “virgin”.’ [footnote 113]The state can grant legal aid to individuals who can prove that they are financially unable to pay for their own court fees. Legal aid is available from, for example, the Iranian Bar Association (Kanun-e Vokala). Children under the age of 15 cannot file law suits themselves and must instead be represented by their legal guardian (father or grandfather). Children who suffer violence from their fathers therefore have no legal redress in practice.’ [footnote 185] Decision makers should also refer to the instruction on Gender issues in the asylum claim and Processing children’s asylum claims. 2.6 Internal relocation A woman may seek divorce through the courts [footnote 57] [footnote 58] [footnote 59], although, as noted in the Finnish Immigration Service report: