Early Marriage in Iran: A Pragmatic Approach

Abstract

AbstractThe international human rights system has identified any marriage before the age of 18 as forced marriage or a harmful traditional practice which should be eradicated mainly through legal reform. In many legal systems, the minimum age of marriage is still below 18. In Iran, girls can marry at the age of 13 and boys at the age of 15. Thus, the issue of early marriage has been a point of struggle between the international human rights system and Iran. What is lost in these mainly legal debates is the reality of early marriage. Those who advocate for the eradication of early marriage present a singular perception of such marriage as forced and harmful, while those who oppose the international approach in Iran merely focus on the Islamic roots of the current legislation. In practice, marriage is a complicated social construct. To address early marriage, one should analyse different causes and contexts that influence this institution and determine whether the negative consequences apply in all cases of early marriage. This article argues that the international human rights system should provide a context-sensitive response to early marriage. The human rights discourse is not the only setting for addressing early marriage. The general categorization of early marriage as a violation of human rights fails to recognize various factors that influence the timing of marriage, in particular girls’ agency. To effectively address early marriage in Iran, a multidisciplinary approach is necessary.