Iran: Endorse Nomination of Iran's General Prosecutor for International Bludgeon Award

المصدر: 
Gender Justice Uncovered

The Gender Justice Uncovered 2010 Awards ask us to "Seek to identify the best and worst decisions or statements related to gender made in English, Spanish or Portuguese within a judicial process. A jury, made up of three renowned figures will choose the “Gavel” and the “Bludgeon” decisions. The three most sexist decisions will receive bronze, silver and gold Bludgeons and the three decisions that best promote gender equality will receive bronze, silver and gold Gavels. The People’s Choice Awards will be given based on the votes from the public. Those who nominate the winners of the People's Choice Awards will be invited to attend the Awards ceremony in Madrid. Deadline to nominate: April 4, 2011; Deadline to vote: April 25, 2011; The winners will be announced on June 2, 2011 at a very special ceremony!” Justice For Iran has nominated Ayatollah Mohseni Ejei, Iran’s general prosecutor and the majority of Iranian Supreme Court because of their recent unfair and discriminatory decision which discredit women’s right for divorce based on the marriage contract’s conditions. 

Please follow this link http://uncovered.womenslinkworldwide.org/nominations/2011 and scroll down until you find this nomination:

Iran - Supreme Court - 'disobedient' wives cannot access divorce even if husband takes another wife
IF A WIFE REFUSES TO PERFORM HER WIFELY DUTIES, THE WIFE'S RIGHT TO DIVORCE FROM HER HUSBAND IS NOT REALIZABLE OR ENFORCEABLE, EVEN IF HE TAKES ANOTHER WIFE.

Case: consensus number 716-20/7/1389
Date: 12 October 2010
Judges: Gholamhosein Mohseni Ejei, the General Prosecutor of Iran and the Majority of the General Assembly of the Supreme Court

The applicant in this case, a poor woman from a rural area in the west of Iran sought a divorce alleging that her husband was violent and abuse and had taken a second wife without her permission. Under Iranian law, women can only divorce from their husbands under certain conditions specified by legislation. In the case at hand, the Court was asked to interpret legislation enacted in 1984 which specifies that if a husband takes a second wife without the permission of the first wife, the first wife can apply for a divorce.

The Supreme Court by a majority held that a wife will lose her right to a divorce based on this condition if she has been disobedient. It analysed case law of lower courts which had come to differing conclusions but held that since article 1108 of the Civil Law makes obedience to the husband a legal responsibility of the wife, if she refuses to carry out these wifely duties without legal justification then she cannot divorce on the grounds that he has taken another wife. The Supreme Court held that this is now a precedent which must be followed in similar cases. LEARN MORE ABOUT THIS NOMINEE