Articles 940 and 941 of the Iranian Civil Code lay out the foundation of inheritance between couples. They recognize the right to inherit only if the couple is in a so-called, “Permanent Matrimony.” Accordingly, a husband can take twice as much as his wife, with the right to half of her properties upon her death, whereas a wife could take only one-quarter of the properties upon her husband’s death. Moreover, if they have a child (or children) together, the wife’s share drops to one-eighth of the properties.
Difficulties surfaced in the modern era as this legal regime’s practice continued and it caused significant problems after the death of the male head of household. This specific problem became especially prominent in the countryside where land was significantly more valuable than the buildings upon it. Many women were left without sufficient resources at elderly ages, including a house to live in. This became more of a social problem after the earthquake in the city of Bam, in Kerman province in 2003, when many women were left without sufficient resources and access to the land they had lived on after the death of their husbands. Thus, they were left with nothing to rebuild their houses or finance their lives.
Finally, on January 25, 2009, the Iranian Parliament amended Article 946 of the Civil Code to provide women with access to all their deceased husband’s properties, including land, and to abolish the previous Article 947 of the Civil Code. Today, the amended Article 946 reads, in part, as follows: “The wife takes from all of the deceased husband’s properties….” (Unofficial English translation).
Many call the amended article a positive step towards equalization and fairness in relation to women’s rights in Iran. The Qur’an and Shi’a religious sources are the bases of many of Iran’s laws, especially in the realms of family and criminal law. These rules are not easily changed as they must meet certain thresholds and pass strict scrutiny, which in turn makes it impossible to change in some cases. However, as some clerics and religious leaders believe, some of these rules can be changed if necessary, as in the cases of previous Articles 946 and 947 of the Iran Civil Code.
According to the Iranian Constitution, the Parliament may not legislate outside of the realm of the principles of the country’s religion. It is important to explain that although not all the Iranian laws and regulations are completely based on Shari’a, they must all be compliant with Shari’a as interpreted by religious authorities in Iran, which has accordingly dictated, influenced, and/or directed the lawmakers to comply with the religious principles for decades. To ensure compliance, a “checks and balances” mechanism is in place through the Guardian Council. The Guardian Council is comprised of six jurists and six clerics called Faquih. Members of the Council review laws passed by the Parliament and make sure laws are compliant with Shari’a principles before those laws take effect.
An important question was raised after the aforementioned change in the law: When is the proper time for valuation of the effects of the deceased? In a country with significant economic fluctuations, this question was of utmost importance to heirs. The judiciary, through the Advisory Opinion No. 88-1/7-368, dated February 22, 2010, clarified that the value of the effects is based on its value “at the time of death” and not the date on which the court determines the heirs.
The current state of the Iranian Family Law after this change in January 2009 reflects a modern and realistic law- making effort. Women are now given more rights than before to their deceased husband’s assets, which is a significant advancement towards protection of women’s rights and maintaining an equal balance between the legal rights of the two genders.
