Polygamy and Legislation in Contemporary Iran

An Analysis of the Public Legal Discourse

Bibliographic Data

ID20680917
AuthorsIrene Schneider (0000-0003-3019-9762, University of Göttingen, corresponding author)
Year2016
Volume49
Issue4
Pages657-676
Publication date2016-07-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueIranian Studies (JOURNAL)
Journal identifiersISSN: 0021-0862 • E-ISSN: 1475-4819
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1080/00210862.2015.1028239
OpenAlexW2310166933
LanguageEN
Citations received6
References cited12

The purpose of this article is to analyze the interaction between different interpretations of Islamic jurisprudence in Iran and state law. It focuses on the public legal discourse about the new Family Draft Law in 2007–08, especially Article 23 regulating polygamous marriages and removing necessity for the first wife’s permission. The participants in this public legal debate, which took place on the internet and in the media, were civil society organizations, especially women’s organizations, the Shiite clergy, and state representatives. The article argues that even in a non-democratic, theocratic state such as the Islamic Republic of Iran, public discourse promoted by the named actors can challenge and influence state legislation. The removal of Article 23 from the Draft confirms this argument, but in the law of 2013 the requirement for the first wife’s permission is not found. By looking at the arguments brought forward in the public discourse, the article demonstrates that the arguments are mainly “Islamic,” and none refers to international human rights, as this seems to be a kind of taboo in the political discourse

Democracy · Islam · Jurisprudence · Legislation · Political science · Politics · Sharia · Sociology · State (computer science) · Wife · Islamic Studies and History · Law · Marriage and Sexual Relationships · Turkey's Politics and Society

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