An Analysis of Possibility of Fulfilling Gender Equality Within the Legal System of the Islamic Republic of Iran (IRI)

Abstract

Iran, under the government of president Rouhani, adopted the 2030 Agenda for Sustainable Development, expressing its commitment towards its holistic and comprehensive implementation, albeit with some reservations expected from an Islamic country. The signing of the document was strongly criticized by the Supreme Leader, Ayatollah Ali Khamenei, who said this was not proper for an Islamic country, where Quran and Islamic rules are the benchmark for public and private living together. On June 23, 2017, the Supreme Council of the Cultural Revolution voted in favor of the non-implementation of the document of Agenda 2030 in Iran. Similarly, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was ratified by the reformist government of Mohamad Khatami, and was approved by the sixth parliament (2000–2004). However, the Guardian Council ultimately rejected it, arguing that it was incompatible with Islam. This chapter considers the traditional role accorded to women in the law of Iran in the light of the development of equality rights in international law. The two cases presented here are illustrations of two different interpretations of Islam and how these impact on equality rights and the traditional role accorded to women under law in Iranian society. What we see on the one hand is adoption by Khatami’s or Rouhani’s governments of important international agreements—the CEDAW and the 2030 Agenda—while on the other hand, both documents being rejected by the Supreme leader and fundamentalists in Iran because they are incompatible with Islamic values or teachings. This chapter will compare CEDAW as a set of criteria for gender equality with the current laws of the Islamic Republic of Iran. This comparison is necessary to recognize how CEDAW allegedly is in conflict with Iranian laws that are claimed to be based on Islamic laws. The aim is to illustrate the capacities, strengths and limitations of Islamic Laws for gender equality. Accordingly, this chapter aims to investigate the different interpretations of Islam to find out which interpretations are compatible with the global norms of justice and hence in accordance with gender equality.