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Amnesty International - News:
30 November 2011
Iranian women fight controversial ‘polygamy’ bill
http://www.amnesty.org/en/news/iranian-women-fight-controversial-polygamy-bill-2011-11-30
On a summer night in 2008, the wives of some Iranian members of Parliament
started receiving phone calls.
“Would you mind if I married your husband – just for a week?” asked the
female voice on the end of the line.
The callers argued that taking another wife is a Muslim man’s right. By
allowing it, the MPs’ wives would be performing a good Islamic deed. Some of
the wives hung up in shock.
But marrying the MPs was the last thing the callers actually wanted. In
reality, they were women’s rights activists opposed to a controversial
“Family Protection Bill” which the Iranian government proposed in 2007.
The activists say they discovered that at least 65 male members of the
country’s 290-strong parliament had two or more wives. This is despite the
fact that polygamy contravenes the International Covenant on Civil and
Political Rights (ICCPR), which Iran has ratified. Article 23 stipulates
that states must ensure that men and women have equal rights when marrying
or at the dissolution of marriage.
If passed, “The Family Protection Bill” would reduce Iranian women’s rights
even further, allowing men to take up to three additional wives without the
consent or knowledge of their first spouse. Iranian law currently allows
Muslim men to have up to four wives, but only after obtaining a court order
demonstrating the permission of the first spouse and his ability to treat
them all equally. For women who depend entirely on their husband’s income,
sharing that with a second, third or fourth wife can mean severe financial
hardship.
According to Shi’a Islam, Iranian men can already take any number of
“temporary wives” without informing their first wife. The length of a
temporary marriage is defined in advance and can last anything from hours to
decades. Temporary wives generally face social ostracism, and their children
may face difficulties in accessing public services such as education because
if the marriage is unregistered, it may be hard for the mother to prove
paternity.
Roya Kashefi of the Association of Iranian Researchers works closely with
women’s rights activists in Iran.
“In Islam, family is the most important element within society,” she says.
“It’s a sacred entity and there are many articles in the Iranian
Constitution that point to the importance of marriage. So it’s very
contradictory to have laws that actually endanger the very foundation of
that marriage with polygamy.”
Roya Kashefi has helped to organize a Europe-wide tour publicizing a banner
inscribed with the tragic stories of 40 Iranian women who are second wives,
temporary wives or the children of such marriages. The tour, named “Chehel
Tikeh” (“Forty pieces”) is aimed at raising international awareness about
the discriminatory bill.
The banner was taken to Iran’s parliament, the Majles, a year ago, although
MPs refused to accept it.
Fifteen thousand women signed a petition calling for a ban on polygamy,
submitted at the same time.
Women’s rights activists are urging the Iranian authorities to outlaw
polygamy, grant equal divorce and custody rights and create laws tackling
domestic violence.
At the moment married women in Iran can be prevented from working, leaving
the country or pursuing further education by their husbands. It is difficult
for a woman to divorce her husband without his consent – even if he has been
violent towards her. If she remarries after divorce, she loses custody of
any children.
Activists say provisions in the new bill will make it even more difficult
for women to obtain a divorce, leaving thousands at risk of continued
domestic violence, which is not currently criminalized under Iranian law.
Four years after its inception, the bill has still not been passed, largely
because of widespread opposition from a broad coalition of women’s groups.
A ban on polygamy is unlikely to happen soon in Iran even though the UN
Human Rights Committee – an expert body charged with overseeing the ICCPR –
says the practice should be abolished because it violates the dignity of
women. For change to happen, external pressure is needed, says Roya Kashefi.
“The international community needs to reinforce the voices of Iranian women
and raise the alarm about this bill which will leave Iranian women even more
vulnerable,” says Hassiba Hadj Sahraoui, Amnesty International’s Middle East
and North Africa Deputy Director.
“Instead of enhancing equality between men and women, Iranian MPs are
seeking to take women’s rights a step backwards and to yet again disregard
international law,” she added. |