How Iran’s hijab law is being taken advantage of by those in positions of authority.
Throughout most of Iran’s history, there has been constant division regarding the obligatory use of Hijabs which was introduced after the Islamic revolution of 1979 and enforced in 1983. However, in recent months the uproar has become louder after the death of Mahsa Amini, a 22-year-old who was killed whilst in police custody for violating rules on wearing hijab in public. Chapter 18, article 638 of the Iranian Penal Code states that “anyone who explicitly violates any religious taboo in public besides being punished for the act should also be imprisoned from ten days to two months, or should be flogged (74 lashes)” with a note beneath stating “women who appear in public without a proper hijab should be imprisoned from ten days to two months or pay a fine [...]”. The term hijab originates from Arabic and means cover but it has been used to refer to different types of covering since the 1970s from long sleeve coats, pants, and scarfs to the Islamic government's preference of the form of dress chador (a loose-fitting black cloth which covers the entire body). Such crimes of ‘bad hijabi’ or ‘improper hijab’ drawn from the note are not defined by the law clearly and such law is very loosely drawn. This gives enforcers such as the morality police the power to interpret the meaning of this in their own ways and decide how to crack down on women in various manners. In some cases the role of interpretation is important for law as it can offer alternatives as well as protect individuals, however, in the case of Iran’s law on the ‘violation of any religious taboo’ it is a danger that such law lacks specificity and clarity as explored above. It is unclear whether any amendments will be made since the vagueness of this law gives leeway for those in positions of power to retain it and apply it in ways they see fit whilst limiting the power of citizens to challenge the law.
Written by Iona Steger (Photo by?MSNBC).
Sources:?(1) Sahar Maranlou Lecturer.“Hijab Law in Iran over the Decades: The Continuing Battle for Reform.” The Conversation, 7 Oct. 2022, https://theconversation.com/hijab-law-in-iran-over-the-decades-the-continuing-battle-for-reform-192037.??(2) Shelton, Tracey. “Iran Is Not the Only Country with Strict Dress Codes, Some of the Others May Surprise You.” ABC News, ABC News, 2 Oct. 2022, https://www.abc.net.au/news/2022-10-02/-iranian-women-protest-hijab-law-strict-clothing-laws/101484942 (3)?Iranian Penal Code - Refworld. https://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=52b812384.