Introduction: Hujjat al-Islam wal-Muslimin Dr. Mehdi Sajjadi Amin, a faculty member at the Center for Women and Family Studies, has conducted extensive research in the field of women’s jurisprudence. On the occasion of the drafting of the “Bill on Ensuring Women’s Security Against Violence,” he examines spousal violence against women and the role of this bill in reducing such violence. The full text of this exclusive article is as follows:
The Concept of Violence
One of the issues observed in human relationships, particularly within families, is violence and abuse. In 1996, the World Health Organization passed a resolution identifying violence as a public health priority and called for scientific operational plans to prevent and combat it. The scope of violence is vast, encompassing private settings such as families, as well as workplaces, public spaces, and society at large. While gender does not inherently determine the perpetration of violence—both men and women can commit violence in ways consistent with their characteristics—physical violence is typically more prevalent among men than women. However, according to a 2018 report by Iran’s Legal Medicine Organization, approximately 5,000 men reported spousal abuse, a figure that shows an upward trend compared to previous years. It is clear that the number of men who are victims of spousal violence cannot be limited to these statistics, as many men refrain from reporting such incidents due to fear of judgment or ridicule from others. Moreover, the violence reported to the Legal Medicine Organization is primarily physical, while many instances of psychological violence, which may have far more devastating effects, go unreported.
In Persian, the term “violence” (خشونت) is associated with harshness, roughness, opposition to gentleness, sternness, anger, and aggression. In Arabic, it carries a similar meaning. Based on this definition, violence can be divided into beneficial and harmful forms, suggesting that violence is not always negative. However, in English, the term “violence” typically carries a negative connotation, implying oppression, conflict, usurpation, disrespect, or the use of force. Therefore, there is no complete overlap between the English term “violence” and the Persian term “خشونت”; their relationship can be described as one of partial overlap (a general-specific relationship from a certain perspective). In some academic texts, violence in its legal sense is equated with its meaning in English dictionaries, defined as any behavior accompanied by internal anger and intended to harm another. However, given the semantic differences in the term “violence” and the varying cultural perceptions of its instances and severity, as well as the legality of certain forms of violence, its definition must be comprehensive enough to include all instances while excluding non-violent cases. To interpret violence in its commonly accepted negative sense, three main characteristics can be identified:
- Causing Physical or Psychological Harm: The essence of violence lies in causing harm or distress to another. The victim may experience physical or psychological assault or face threats that create anxiety and mental distress, both of which fall under the concept of violence.
- Intentionality: Violence occurs when the perpetrator intends to harm another. Thus, unintentional physical or psychological injuries do not constitute violence.
- Illegality: In its common usage, violence refers to criminal acts that typically involve the abuse of power, leading to infringement on others’ rights and causing harm or distress. Therefore, legal punishments for offenders, though they may cause physical or psychological suffering, are not considered violence in the conventional sense, as they aim to reform the offender and uphold justice. Similarly, enjoining good and forbidding evil (amr bil-ma‘rūf wa nahy ‘an al-munkar), a duty for both individuals and the Islamic government, may impose restrictions or distress on the violator. However, since it has a religious and legal basis, it does not fall within the conventional definition of violence. From a jurisprudential perspective, certain levels of enjoining good and forbidding evil that involve physical interaction with the violator require the authorization of an infallible Imam (peace be upon him) or a qualified jurist.
Types of Violence Against Women in Religious Sources
Violence can be categorized based on its perpetrator, victim, and nature. It may be committed by an individual, a group, or a social institution. Violence can be structural or individual. Structural violence may stem from certain laws or cultural norms in a society that cause psychological or physical harm to individuals. Based on the victim, violence can be divided into violence against children, women, the elderly, spouses, or minorities. The nature of violence may be spontaneous or premeditated, reactive or proactive, physical or psychological. In addition to overt violence, there may be covert violence, where the victim feels compelled to restrict their behavior or freedom. Violence can also extend to financial and economic matters, where the victim is deprived of all or part of their financial rights or their property is damaged.
The Quran contains numerous verses outlining reformative rulings to address such injustices. Islamic sources, including verses and narrations, address family and women’s issues, indicating that gender-based injustice and violence were prevalent practices or legal traditions at the time and place of revelation, and efforts were made to mitigate them. Islamic texts strongly emphasize kindness within the family, particularly a husband’s kindness toward his wife. Kindness entails gentle interaction, good companionship, and avoiding anger and harshness. Narrations highlight women’s relative physical and psychological vulnerabilities, stating that the best among people are those who treat their families well, and only noble and honorable individuals respect women, while those who are base and ignoble insult and demean them. Islamic sources describe a wife as a trust (amāna) from God in the hands of her husband, requiring him to uphold this trust and treat her reasonably and appropriately. Betrayal of this trust is condemned, with narrations stating that one who betrays a trust in this world will die outside the fold of Islam, meet God in a state of divine displeasure, and face eternal punishment in Hell. Furthermore, narrations establish a connection between the strength of one’s faith in God, devotion to the Prophet’s household (peace be upon them), and love for one’s wife. The Prophet (peace be upon him) stated: “The stronger a servant’s faith, the greater his love for women.”
Violence, particularly against women in the family, is categorized into various types, such as physical, sexual, verbal, psychological, and economic violence. Broadly, violence can be divided into two main categories: physical and psychological. These are explored below.
Physical Violence
Physical violence involves harm inflicted on the victim’s body, causing distress or injury. Its instances are numerous, ranging from murder to striking with fists or hands, kicking, pulling, pushing, imprisonment, forced labor, and disturbing or unconventional sexual behavior. In Islamic texts, certain forms of physical violence are referred to as killing (qatl), striking (ḍarb), hitting (laṭm), and wounding (jarḥ).
Psychological Violence
Psychological violence causes harm to the victim’s mental and emotional state, leading to anxiety, mental distress, loss of peace, depression, frustration, and more. In many cases, especially for women, its impact surpasses that of physical violence. Psychological violence may stem from behavior or speech.
A. Verbal Violence
Islamic sources consider a wide range of verbal behaviors sinful and condemn them. While these are not exclusive to women, many social harassments against women and spousal conflicts within the family fall under verbal violence.
B. Non-Verbal Violence
Psychological violence may also arise from non-verbal interactions, such as facial expressions indicating anger, indifference, hatred, mockery, harshness, intimidation, or sulking. Islamic sources emphasize good character (ḥusn al-khulq) and its worldly and otherworldly benefits, while condemning bad character (sū’ al-khulq) and misconduct as factors that darken and harden worldly life, reduce sustenance, cause personal distress through grief, diminish family and social standing, and lead to the loss of faith and good deeds.
C. Financial Violence
This form of violence involves depriving or restricting the victim’s access to their financial rights or freedom to manage them, such as withholding living expenses, pressuring the wife to beg for money, denying her dowry, threatening to withhold her financial rights, or damaging or interfering with her personal property, such as savings, inheritance, or income. While the consequences of such violence and restrictions are not limited to psychological harm and may also affect physical well-being, they are classified as psychological violence due to their greater mental and emotional impact.
D. Violence Through Abuse of Legal Rights
Sometimes, a husband uses his legal privileges to harm or distress his wife or threatens to do so, causing mental anxiety. Examples include divorcing or remarrying, threatening to do so, restricting the wife’s customary movements, or preventing her academic, intellectual, or social progress, provided these do not conflict with her duty of obedience (tamkīn).
While, from a jurisprudential perspective, the right to divorce lies with the husband, divorcing out of caprice or without justifiable reason is strongly condemned. To prevent men from abusing this right, revocable divorce is limited to two instances. Additionally, in cases of abuse of the right to divorce, women’s rights can be protected through conditions stipulated in the marriage contract. For example, marriage contracts may include a condition stating that if the divorce is not at the wife’s request and, according to the court’s judgment, is not due to her failure to fulfill spousal duties or bad conduct, the husband must transfer half of his existing assets acquired during the marriage, or their equivalent, to the wife free of charge, as determined by the court.
The Bill on Ensuring Women’s Security Against Violence
Given the prevalence of violence in various societies, numerous laws have been enacted to prevent and address violence among individuals. Violence against women in society and families is a significant and widespread issue, prompting international bodies to take steps to eliminate it through conventions, declarations, resolutions, and action plans, setting standards to combat violence against women and urging or obligating countries to implement them. The 1979 Convention on the Elimination of All Forms of Discrimination Against Women and the 1993 World Conference on Human Rights Declaration implicitly addressed the prohibition of violence against women. The 1993 Declaration on the Elimination of Violence Against Women was the first international document to explicitly focus on this issue. The 1994 International Conference on Population and Development’s Program of Action called on governments to take measures to prevent and address violence against women, particularly in relation to women’s reproductive rights and health. The 1995 Beijing Platform for Action outlined a clear program, urging governments to take practical steps to prevent and combat violence against women. In 2011, the Council of Europe adopted a convention on preventing and combating violence against women, making its implementation mandatory by late 2014. Additionally, in 2012, the UN General Assembly passed resolutions prohibiting all forms of violence against women and human trafficking of women and girls. In the same year, the UN Human Rights Council adopted resolutions to accelerate international efforts to combat violence against women.
In Iran, no independent law specifically addressing violence against women has existed until now; rather, prevention or addressing of such violence has been incorporated into other laws. Some laws aim to prevent violence, particularly sexual violence against women. For instance, Article 638 of the Islamic Penal Code (Ta‘zirat Section, 1996) and its footnote emphasize public decency and the obligation of women to observe Islamic hijab, indirectly focusing on the role of victims’ behavior in preventing violence. Article 639 of the same law prohibits the establishment of centers of corruption and prostitution, which create opportunities for the exploitation of women and facilitate violence against them. Article 621 addresses the crime of abduction or concealment of persons, applicable to cases involving women. Articles 622, 623, and 624 address violence against pregnant women and punishments for causing miscarriage. The 2004 Anti-Human Trafficking Law criminalizes the trafficking of women, even with their consent. In addition to physical violence, certain psychological and verbal acts of violence against women are also criminalized. Article 619 of the Islamic Penal Code (Ta‘zirat Section) addresses street harassment, while Article 641 deals with telephone harassment. Article 669 criminalizes any form of threat, including threats to life, physical harm, honor, property, or disclosure of secrets. Article 608 prohibits insult and defamation of individuals. Article 16 of the 2009 Computer Crimes Law imposes penalties for altering or distorting someone’s image, audio, or video through computer or telecommunication systems and publishing it in a way that customarily causes defamation. The amendment to Article 6 of the 1985 Press Law considers the instrumental use of individuals (men or women) in images or content, as well as the humiliation or insult of women, as crimes. Articles 15 and 16 of the 2008 Law on the Ratification of the Convention on the Rights of Persons with Disabilities address women with disabilities and prohibit violence and exploitation against them. According to Clause C of Article 111 of the Fourth Economic, Social, and Cultural Development Plan (2004), the government is obligated to take necessary measures, including developing preventive programs and legal provisions, to eliminate violence against women. Article 227 of the Fifth Economic, Social, and Cultural Development Plan (2010) mandates the government to draft the “National Document on the Security of Women and Children in Social Relations” in collaboration with other institutions. The 2003 Security Cooperation Agreement between Iran and Italy and the 2008 Security Cooperation Agreement between Iran and Bosnia and Herzegovina emphasize preventing and combating human trafficking, particularly cases involving the exploitation of women and children. Additionally, certain legal provisions specifically address spousal interactions within the family to prevent domestic violence and provide legal solutions when it occurs. Article 1103 of the Civil Code obligates spouses to treat each other with kindness. Article 1115 states that if living with the husband in the same household poses a risk of physical, financial, or reputational harm to the wife, she may choose a separate residence. Article 1119 clarifies that spouses may include any condition in the marriage contract or another binding agreement, provided it does not contradict the essence of marriage. For example, if the husband attempts to harm the wife’s life or engages in misconduct that makes cohabitation unbearable, the wife may act as her own agent (or appoint another) to initiate divorce proceedings after proving the condition in court and obtaining a final ruling. Article 1130 of the Civil Code notes that if continuing the marriage causes severe hardship (usr wa haraj) for the wife, such as physical abuse or persistent misconduct by the husband that is deemed unbearable by custom, she may petition a religious judge for divorce. If the hardship is proven in court, the court may compel the husband to grant a divorce, or if that is not feasible, the wife may be divorced with the authorization of the religious judge. Additionally, Article 642 of the Islamic Penal Code (Ta‘zirat Section) stipulates that if a husband, despite having financial means, fails to provide maintenance to his wife who is compliant with her duties, he will face punishment.
Given the scattered nature of laws addressing violence and restrictions against women, as well as certain legal gaps concerning women’s protection, the government has drafted the “Bill on Ensuring Women’s Security Against Violence.” With amendments made by the judiciary, this bill has been organized into 4 chapters and 50 articles. This article explores some key points regarding this bill:
Article 2 of the bill states: “All women residing in Iran, whether Iranian or non-Iranian, are protected under this law.” The term “residing” excludes tourists, travelers, or women merely passing through Iran.
Article 3 defines violence as: “Any intentional act directed at a woman due to her gender, vulnerable position, or the nature of her relationship with the perpetrator, which may cause harm or damage to her body, psyche, dignity, personality, reputation, or legal rights and freedoms.”
The phrase “may cause” in this article equates the initiation of a crime with its realization, including behaviors that have the potential to cause harm or damage, regardless of whether the harm or damage actually occurs.
Clause B of Article 4 defines psychological and emotional violence as: “Any behavior that harms dignity, personality, reputation, emotions, sense of security, growth, or psychological integrity, such as intimidation, insult, humiliation, mockery, threats, excessive or unconventional surveillance or control, imposing distressing psychological conditions, unkind treatment, denying reasonable access to relatives, abandoning family life, or actions leading to the wife’s uncertainty.” First, in the criminal law history of the Islamic Republic of Iran and offenses against individuals’ moral dignity, terms such as “dignity,” “emotions,” “growth,” and “psyche” are undefined and lack clear legal meaning. Second, such terms are open to various interpretations, leading to inconsistent judgments in similar cases and contradicting the principle of clarity and specificity in legal provisions. Third, the distinction between “humiliation” and “mockery” in this article and “insult” as defined in Article 608 of the Islamic Penal Code (Ta‘zirat Section) is unclear. Moreover, these terms are overly broad, encompassing even minor behaviors, particularly in family interactions and disputes, potentially leading to their criminalization.
Clause P of Article 4 defines assault as: “Any unlawful sexual act, by any means and through any part of a woman’s body, with force, coercion, deception, or threats.”
Clause P, Item 2 of Article 4 defines sexual exploitation as: “Any act of offering, trading, providing, or obtaining women for prostitution, sexual slavery, pornography, or other commercial sexual activities.”
In conclusion, while eliminating violence in families and society, particularly against women, is an essential and undeniable goal requiring the efforts of all individuals and institutions to achieve a violence-free society, any independent law addressing violence against women must first address the shortcomings and gaps in existing laws. Second, it must be clear, explicit, and comprehensive to ensure that judicial institutions do not need to draft new laws for an extended period and that it does not, in the long term, undermine the institution of the family.