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Islamic Penal Code of Iran (1991, as amended 2012; selected provisions related to women)

Sections:

  1. Book 1 – Preliminary, Part 2 – Punishments
  2. Book 2 – Hudud, Part 1 – General Articles
  3. Book 2 – Hudud, Part 2 – Offences Punishable by Hadd
  4. Book 5 – Ta’azir and Deterring Punishments, Chapter 17 – Crimes against People and Children
  5. Book 5 – Ta’azir and Deterring Punishments, Chapter 18 – Crimes against Public Prudency and Morality
  6. Book 5 – Ta’azir and Deterring Punishments, Chapter 19 – Crimes against Family Rights and Responsibilities
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Islamic Penal Code of Iran (1991, as amended 2012; selected provisions related to women) – 1: Book 1 – Preliminary, Part 2 – Punishments

Article 37- If there is one, or more, mitigating factor(s), the court may mitigate or replace the ta’zir punishment as explained below in a way which is in the interest of the accused:
(a) Reducing the imprisonment period from one to three degree(s)
(b) Replacing the confiscation of properties with a fine of the first to fourth degree
(c) Replacing the permanent dismissal to temporary suspension from five to fifteen years
(d) Reducing one or two degrees of the same or other types of punishments for other ta’zir punishments

Article 38- Mitigating factors are:
(a) Forgiveness by complainant or private claimant
(b) Effective cooperation of the accused in recognition of accomplices and accessories to the offense and in finding the proceeds of the offense or discovering the properties and goods resulted from, or the means used in commission of, the offense
(c) Specific circumstances under the influence of which the accused has committed the offense; such as: inflammatory conduct or talk of the victim or honorable motive for committing the offense
(d) Statement of the accused prior to prosecution, or his/her effective confession during investigation and prosecution
(e) Regret, good reputation or specific condition of the accused such as his/her age or illness
(f) Efforts by the accused in order to reduce the effects of the offense and his/her measures to compensate the loss resulting from it
(g) When the loss imposed to the victim of the offense or the consequences of the offense are slight
(h) Slight contribution of accomplice or accessory to the offense in commission of the offense
Note 1 -The court must stipulate the mitigating factors in its judgment.
Note 2 -If the same mitigating factors as mentioned in this article are provided in specific articles, the court may not mitigate the punishment again for the same mitigating factors.

Article 39- In ta’zir crimes of the seventh and eighth degree, when mitigating factors are recognized, if the court finds the accused guilty but believes that the offender will be corrected even without execution of the punishment, provided that s/he has no effective criminal record and the complainant has forgiven the offender and the losses are already compensated or appropriate measures are taken to compensate the loss, the court may decide to exempt the offender from punishment.

Next: Chapter 2 – Book 2 – Hudud, Part 1 – General Articles

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Islamic Penal Code of Iran (1991, as amended 2012; selected provisions related to women) – 2: Book 2 – Hudud, Part 1 – General Articles

Article 217- In cases of offenses punishable by hadd, the offender shall be liable only if, in addition to having knowledge, intention, and meeting the requirements for criminal responsibility, is aware of the prohibition of the conduct committed under Shari’a rules.

Article 218- In the cases of offenses punishable by hadd, if the accused claims that s/he, at the time of commission of the offense, did not have the knowledge or intention [to commit the offense], or [if s/he claims that] one of the obstacles to criminal liability exists, in the case that there is the likelihood of veracity of the claim, or if s/he claims that his/her confession has been made under threat or fear or torture, the claim shall be accepted without [resorting to] testimonies and oaths.
Note 1- In the cases of offenses of moharebeh, efsad-e-fel-arz, and indecent offenses committed by coercion, force, abduction, or deception, a mere claim cannot remove the hadd punishment and the court must carry out examination and investigation.
Note 2- Confession shall be admissible only if made before the judge in the court.

Article 219- The court cannot change the conditions, type, and amount of hadd punishments or reduce or replace, or remove the [hadd] punishment. Such punishments can only be removed, reduced, or replaced through repentance and pardon under the conditions prescribed in this law.

Article 220- Regarding the hadd punishments that are not mentioned in this law Article one hundred and sixty seven (167) of the Islamic Republic of Iran’s Constitution shall be applicable.

Next: Chapter 3 – Book 2 – Hudud, Part 2 – Offences Punishable by Hadd

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Islamic Penal Code of Iran (1991, as amended 2012; selected provisions related to women) – 3: Book 2 – Hudud, Part 2 – Offences Punishable by Hadd

Article 221- Zina is defined as sexual intercourse of a man and a woman who are not married to each other, and also provided that the intercourse is not done by mistake.
Note 1- A sexual intercourse occurs when the sex organ (penis) of a man, up to the point of circumcision, enters into the vagina or anus of a woman.
Note 2- If both parties or one of them are non-pubescent, zina occurs but for the non-pubescent [party(parties)] the hadd punishment shall not be given, but instead they shall be sentenced to security and correctional measures mentioned in the first book of this law.

Article 222- Sexual intercourse with a dead person shall be regarded as zina, unless a husband has sexual intercourse with his deceased wife, which is not zina; but, shall be punishable by thirty one to seventy four lashes of ta’zir punishment of the sixth grade.

Article 223- Where a person who is charged with zina, claims that s/he has been married to the other party or he has engaged in intercourse as a result of a mistake, his/her claim shall be accepted without [resorting to] testimonies and oaths, unless it is proved otherwise by an ultimate proof that meets the requirements under Shari’a.

Article 224- In the following cases the hadd punishment for zina is the death penalty:
(a) Zina with blood relatives who are prohibited to marry.
(b) Zina with a step-mother; in which case, the man who committed zina shall be sentenced to the death penalty.
(c) Zina of a non-Muslim man with a Muslim woman; in which case, the man who committed zina shall be sentenced to the death penalty.
(d) Zina committed by coercion or force [i.e. rape]; in which case, the man who committed zina by coercion or force shall be sentenced to the death penalty.
Note 1- Punishment of the woman who has committed zina in paragraphs (b) and (c) shall be in accordance with other provisions of zina.
Note 2- The conduct of anyone who commits zina with a woman who did not consent to engage in zina with him, while she is unconscious, asleep, or drunk, shall be regarded as zina committed by coercion [i.e. rape]. In cases of zina by deceiving and enticing a non-pubescent girl, or by abducting, threatening, or intimidating a woman, even if she surrenders herself as a result of that, the abovementioned rule shall apply.

Article 225- The hadd punishment for zina of a man and a woman who meet the conditions of ihsan shall be stoning to death. Where the execution of stoning is not possible, upon proposal of the court of final judgment and approval of the Head of Judiciary, if the offense is proved by testimony of witnesses, the man and a woman who have committed zina and meet the conditions of ihsan shall be sentenced to the death penalty [hanging]; otherwise, each one of them shall be given one hundred lashes.

Article 226- Ihsan shall be established for both men and women according to the following:
(a) Ihsan of a man is defined as a status that a man is married to a permanent and pubescent wife and has had vaginal intercourse with her whilst he has been sane and pubescent and can have vaginal intercourse with her whenever he so wishes.
(b) Ihsan of a woman is defined as a status that a woman who is married to her permanent and pubescent husband and the husband has had vaginal intercourse with her whilst she was sane and pubescent and she is able to have vaginal intercourse with her husband.

Article 227- The parties to a marriage shall not meet the conditions of ihsan [mentioned in article 226] during periods such as travel, imprisonment, menstruation, lochia, any illness that prevents sexual intercourse, or any illness that puts the other party at risk such as AIDS and syphilis.

Article 228- In the case of a zina with blood relatives who are prohibited to marry and a zina that the offender meets the conditions of ihsan, if the woman who has committed zina is pubescent and the man who has committed zina is non-pubescent, the woman shall only be sentenced to one hundred lashes.

Article 229- If a man who is married to his permanent wife commits zina prior to any sexual intercourse [with his wife], he shall be sentenced to the hadd punishment of one hundred lashes and shaving his head, and banishment for one year.

Article 230- In cases where the offender does not meet the conditions of ihsan [mentioned in article 227], the hadd punishment for zina shall be one hundred lashes.

Article 231- In the case of zina committed by coercion or force [i.e. rape], if the woman is a virgin, the offender, in addition to the punishment provided, shall be convicted to pay the compensation for virginity and a mahr-ul-methl (a type of mahr that shall be paid to a woman at the rate payable for other women in a similar position); and if she is not a virgin, the offender shall be sentenced to the punishment and payment of a mahr-ul-methl.

Article 232- Where a man or woman confesses to zina less than four times, s/he shall be sentenced to thirty-one to seventy-four lashes of ta’zir punishment of the sixth grade. The same punishment mentioned in this article shall be applicable in the cases of livat, tafkhiz, and musaheqeh.

Article 233- Livat is defined as penetration of a man’s sex organ (penis), up to the point of circumcision, into another male person’s anus.

Article 234- The hadd punishment for livat shall be the death penalty for the insertive/active party if he has committed livat by using force, coercion, or in cases where he meets the conditions for ihsan; otherwise, he shall be sentenced to one hundred lashes. The hadd punishment for the receptive/passive party, in any case (whether or not he meets the conditions for ihsan) shall be the death penalty.
Note 1- If the insertive/active party is a non-Muslim and the receptive/passive party is a Muslim, the hadd punishment for the insertive/active party shall be the death penalty.
Note 2- Ihsan is defined as a status that a man is married to a permanent and pubescent wife and whilst he has been sane and pubescent has had a vaginal intercourse with the same wife while she was pubescent, and he can have an intercourse with her in the same way [vaginal] whenever he so wishes.

Article 235- Tafkhiz is defined as putting a man’s sex organ (penis) between the thighs or buttocks of another male person.
Note- A penetration [of a penis into another male person’s anus] that does not reach the point of circumcision shall be regarded as tafkhiz.

Article 236- In the case of tafkhiz, the hadd punishment for the active and passive party shall be one hundred lashes and it shall make no difference whether or not the offender meets the conditions of ihsan [mentioned in note 2 of article 234], or whether or not [the offender] has resorted to coercion.
Note- If the active party is a non-Muslim and the passive party is a Muslim, the hadd punishment for the active party shall be the death penalty.

Article 237- Homosexual acts of a male person in cases other than livat and tafkhiz, such as kissing or touching as a result of lust, shall be punishable by thirty-one to seventy-four lashes of ta’zir punishment of the sixth grade.
Note 1- This article shall be equally applicable in the case of a female person.
Note 2- This article shall not be applicable in the cases punishable by a hadd punishment under Shari’a rules.

Article 238- Musaheqeh is defined as where a female person puts her sex organ on the sex organ of another person of the same sex.

Article 239- The hadd punishment for musaheqeh shall be one hundred lashes.

Article 240- Regarding the hadd punishment for musaheqeh, there is no difference between the active or passive parties or between Muslims and non-Muslims, or between a person that meets the conditions for ihsan and a person who does not, and also whether or not [the offender] has resorted to coercion.

Article 241- In the cases of indecent offenses, in the absence of admissible legal evidence and with denial of the accused, any type of investigation and interrogation in order to discover hidden affairs and things concealed from the public eye shall be prohibited. In cases with the possibility of commission of an offense with force, coercion, assault, abduction, or deception, or cases which are considered as commission [of an offense] with resorting to force, this rule shall not be applicable.

Article 242- Procuring/pandering is defined as [the act of] connecting two or more people together in order to commit zina or livat.
Note 1- The hadd punishment for procuring/pandering is subject to commission of the zina or livat; otherwise, the offender shall be punishable by the ta’zir punishment prescribed in article 244 of this law.
Note 2- In procuring/pandering, reoccurrence of the act shall not be necessary for commission of the offense.

Article 243- The hadd punishment for procuring/pandering is seventy-five lashes for men; and if committed for the second time, in addition to the hadd punishment of seventy-five lashes, [the offender] shall be sentenced to banishment from [his] area for a period of up to one year at the discretion of the judge, and it is only seventy-five lashes for women.

Article 244- Anyone who connects two or more non-pubescent persons together in order to commit zina or livat shall not be punishable by a hadd punishment but shall be sentenced to thirty-one to seventy-four lashes and a ta’zir imprisonment of the sixth degree.

Article 245- Qazf is defined as a false accusation of zina or livat against someone else, even a dead person.

Article 246- Qazf must be clear and unambiguous and the accuser must be aware of the meaning of the word and have the intention to accuse, even though the victim, or listener, to the qazf, are not aware of its content at the time of commission of the qazf.
Note- In addition to oral and written, a qazf can be committed by electronic means as well.

Article 247- If a person tells his/her legitimate child “you are not my child”, or, if they tell someone else’s legitimate child “you are not your father’s child”, it shall be considered as qazf against his/her mother.
Note- If there is an indication that qazf is not intended, then, the hadd punishment shall not be given.

Article 249- If a person tells another person “you have committed zina with that woman or livat with that man”, s/he shall be only regarded as having committed a qazf against the addressee.

Article 250- The hadd punishment for qazf is eighty lashes.

Article 251- Qazf shall result in the hadd punishment when the person who is the subject of the qazf is pubesecent, sane, Muslim, specified [by the offender], and it is not evident that s/he commits zina or livat.
Note 1- If the person who is the subject of the qazf is non-pubescent, insane, non-Muslim, or unspecified [by the offender], the offender shall be sentenced to thirty-one to seventy-four lashes of ta’zir flogging of the sixth grade; however, it is not punishable to commit qazf against someone where it is evident that s/he commits zina or livat.
Note 2- In the commission of qazf against someone where it is evident that s/he commits zina or livat, if s/he is accused of what is not evident about him/her, shall be punishable by the hadd punishment, such as accusing someone of livat while it is evident that he commits zina.

Article 252- If a person, intending to accuse another person of zina or livat, uses different words than zina or livat which clearly accuse the addressee’s wife, father, mother, sister, brother, etc of zina or livat, the accuser, in regards to the accused person [i.e. the wife or mother or sister], shall be sentenced to the hadd punishment for qazf; and, in regards to the addressee who has been hurt by the accusation, [the accuser] shall be sentenced to the punishment prescribed for insult.

Article 253- Anyone who accuses another person of zina or livat which are not punishable by hadd, such as zina or livat under coercion or while s/he was non-pubescent, shall be sentenced to thirty-one to seventy-four lashes of ta’zir flogging of the sixth degree.

Article 254- It shall not be punishable to attribute zina or livat to a person who has been convicted to the hadd punishment for the same zina or livat, provided that it is before the addressee repents.

Article 255- The hadd punishment prescribed for qazf is a haq-un-nas (claim of people) and its prosecution and execution of the punishment shall be subject to the request of the victim of the qazf. If the victim of the qazf forgives [the offender] at any stage, the prosecution, trial, and execution of the punishment, whichever is applicable, shall be ceased.

Article 256- When a person commits qazf against more than one person separately, s/he shall receive the hadd punishment for the qazf of each person separately, whether the victims ask for hadd punishment together or separately.

Article 257- When a person, in the same statement, commits qazf against more than one person, each victim can separately make a complaint and ask for execution of the punishments if given by the court. However, if the victims of the qazf make a [collective] complaint together, s/he shall be sentenced to only one hadd punishment.

Article 258- If [a person] commits qazf against another person one, or more, time(s), with the same or different accusation(s), before the hadd punishment is executed, only one hadd punishment shall be given; however, if s/he repeats the qazf after receiving the hadd punishment, the hadd punishment shall be repeated, and if s/he insists what s/he said was right, s/he shall be sentenced to thirty-one to seventy-four lashes of ta’zir flogging of the sixth degree.

Article 259- If a father or parental grandfather commits qazf against his child [or grandchild] he shall be sentenced to thirty-one to seventy-four lashes of ta’zir flogging of the sixth degree.

Article 260- The hadd punishment for qazf, if neither executed nor forgiven by the victim, shall be transferred to the heirs [after the victim’s death] but the wife or husband; and every one of the heirs can request the prosecution or execution of hadd punishment, although the rest of the heirs have forgiven.

Article 261- No matter at which stage the case is, the hadd punishment for qazf shall be removed in the following cases:
(a) When the victim confirms the person who committed the qazf.
(b) When what is attributed to the victim of the qazf is proved either by testimony of witnesses or knowledge of the judge.
(c) When the victim of the qazf, and the case of his/her death, his/her heirs, forgive(s) [the offender]
(d) When a man commits qazf against his wife and then carries out le’ān [imprecation; a specific religious procedure in which a husband accuses his wife of committing zina and imprecates himself if he lies. As a result their marriage shall be terminated] accusing her of a zina committed before or during the marriage.
(e) When two persons commit qazf against each other, whether their accusations are similar or different.
Note- The offenders of paragraph (e) shall be sentenced to thirty-one to seventy-four lashes of ta’zir flogging of the sixth degree.

Next: Chapter 4 – Book 5 – Ta’azir and Deterring Punishments, Chapter 17 – Crimes against People and Children

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Islamic Penal Code of Iran (1991, as amended 2012; selected provisions related to women) – 4: Book 5 – Ta’azir and Deterring Punishments, Chapter 17 – Crimes against People and Children

Article 612- Anyone who commits a murder and where there is no complainant, or there is a complainant but he has forgiven and withdrawn his application for qisas, or if qisas is not executed for any reason, if his act disrupts the public order and safety of the society or it is thought that it emboldens the offender or others [to commit murder again], the court shall sentence the offender to three to ten years’ imprisonment.
Note- In this case, an accessory to the crime shall be sentenced to one to five years’ imprisonment.

Article 613- When anyone attempts a murder but does not succeed against his will, he shall be sentenced to six months to three years’ ta’zir imprisonment.

Article 614- Anyone who commits an assault and battery against someone else that results in damaging or breaking or disabling a victim’s limb or causes him a permanent illness or defect or loss of a sense or ability or loss of mind, in cases where qisas is not possible, if his act disrupts public order and the safety of the society or it is thought that it emboldens the offender or others [to commit assault again], he shall be sentenced to two to five years’ imprisonment; and if the victim applies for it, shall be sentenced to diya as well.
Note- If the injury does not result in the abovementioned defects, and the means of committing the assault is a gun or knife or the like, the offender shall be sentenced to three months to one year of imprisonment.

Article 615- When a group of people fight with each other, each participant in the fight shall be sentenced according to the following:
1- If the fight results in murder, one to three years’ imprisonment.
2- If it results in loss of a limb, six months to three years’ imprisonment.
3- If it results in assault and battery, three months to one year of imprisonment.
Note 1- If a person’s act is considered to be self-defense, then this article shall not be applicable.
Note 2- The abovementioned punishments do not interfere with qisas or diya provisions.

Article 616- If a manslaughter is committed as a result of negligence or recklessness of the offender or caused by an act for which the offender lacks the required skills, or because of disregard for the regulations, the offender shall be sentenced to one to three years’ imprisonment and also payment of diya in cases in which the uliya-ye dam [owners of blood money] apply for, unless it is a case of absolute negligence.

Article 617- Anyone who resorts to a knife or any other weapon to flaunt his strength or to disturb or blackmail or threaten people or in scuffles with someone, if not regarded as mohareb, shall be sentenced to six months to two years’ imprisonment and up to 74 lashes.

Article 618- Anyone who disrupts the order and public peace or prevents people from their business by crying out and creating a row and outrageous behavior or by assaulting other people shall be sentenced to three months to one year of imprisonment and up to 74 lashes.

Article 619- Anyone who assaults or disturbs children or women in public places or roads, or insults them with outrageous language and behaviors, shall be sentenced to two to six months’ imprisonment and up to 74 lashes.

Article 620- When the crimes referred to in articles 616 and 617 and 618 are committed by a group of people and as a result of a previous collusion, each one of the offenders shall be sentenced to the maximum punishment provided.

Article 621- Anyone who, whether personally or through someone else, forcefully or by resorting to threat or deception or any other means, abducts or conceals someone in order to blackmail or take revenge or for any reason, shall be sentenced to five to fifteen years’ imprisonment. If the victim is less than fifteen years old or if the abduction is carried out with a vehicle or if the victim is physically or sexually abused, the offender shall be sentenced to the maximum punishment provided; and if he has committed any other crimes he shall be sentenced to the relevant punishments as well.
Note- Attempted abduction is punishable by three to five years’ imprisonment.

Article 622- Anyone who, knowingly and deliberately, batters or abuses a pregnant woman and causes her to miscarriage, in addition to payment of diya or qisas, shall be sentenced to one to three years’ imprisonment.

Article 623- Anyone who causes the miscarriage of a pregnant woman by giving her drugs or other means shall be sentenced to six months to one year of imprisonment, and if knowingly and deliberately guides a pregnant woman to use drugs or other means to abort her baby shall be sentenced to three to six months’ imprisonment, unless it is proved that it was necessary to save the mother’s life; in any case the diya shall be paid according to the relevant provisions.

Article 624- If a doctor or midwife or pharmacist or those who act as doctor or midwife or surgeon or pharmacist provide the tools for abortion or perform the abortion, they shall be sentenced to two to five years’ imprisonment, and the diya shall be paid according to the relevant provisions.

Article 625- Murder and assault and battery, if committed in self-defense and in order to save the perpetrator’s or someone else’s life or honor or property, then the perpetrator shall not be punished subject to the following conditions and provided that the defense is proportionate to the danger that threatened the perpetrator.
Note- In the case of defending someone else’s property, this article is applicable [only] if the defender is responsible to protect the property or if the owner of the property calls for help.

Article 626- When an act is considered as a crime against life or honor or property, even though committed by state agents, then any form of defense shall be permitted to save the life or honor or property.

Article 627- Defense is [permitted] in the following cases:
A – The fear for life or dignity or honor or property must be based on reasonable grounds.
B – The defense is proportionate to the attack.
C – There is no way to resort to state forces or an easier way to escape.

Article 628- Resisting police forces or other law enforcement officers while they are performing their duties shall not be considered as a defense; however, if they go beyond their authority, and according to the circumstances there is a fear that their acts will cause death or injury or assault to [someone’s] honor or property, then defending against them is permitted as well.

Article 629- In the following cases, murder is not punishable provided that the defense is possible only by murdering [the attacker]:
A – Defending against a murder or severe assault and battery or severe abuse or defending the defender’s and his family members’ honor.
B – Defending against someone who wants to rape someone else.
C – Defending against someone who wants to abduct someone or steal his property.

Article 630- When a man sees her wife committing zina with another man, provided that he is certain that his wife is willing [to have sex], he can kill both of them in the same position; however if he knows that his wife acts under coercion, he may only kill the man [i.e. her rapist]. The same rule applies to assault and battery.

Article 631- Anyone who abducts or conceals a newborn baby or replaces him with another baby or declares him to be another woman’s baby instead of his real mother, shall be sentenced to six months to three years’ imprisonment; and if it is proved that the baby was dead the offender shall be sentenced to a fine of one hundred thousand to five hundred thousand Rials.

Article 632- If anyone fails to hand over a baby that had been given to him when he is asked to do so by persons who have the right to demand the baby, he shall be sentenced to three to six months’ imprisonment or a fine of one million and five hundred thousand to three million Rials.

Article 633- Anyone who, whether personally or at someone else’s order, abandons a baby or an individual who is unable to defend himself in a deserted place shall be sentenced to six months to two years’ imprisonment or a fine of three million to twelve million Rials; and if he abandons him in a residential area, he shall be sentenced to up to half of the abovementioned punishment; and if the act causes injury or death, the offender, in addition to the abovementioned punishment, shall also be sentenced to qisas or diya.

Article 634- Anyone who, without legal permission, exhumes a grave shall be sentenced to three months and one day to one year of imprisonment and if he commits any other crimes in addition to exhumation, he shall be sentenced to the punishment provided for that crime as well.

Article 635- Anyone who, violating the regulations provided for burial of the dead, buries a corpse or facilitates its burial or conceals it, shall be sentenced to a fine of one hundred to one million Rials.

Article 636- Anyone who, while being aware of the murder, conceals the corpse of a murdered person, or buries it before reporting it to the officials responsible for the investigation of crimes, shall be sentenced to three months and one day to one year of imprisonment.

Next: Chapter 5 – Book 5 – Ta’azir and Deterring Punishments, Chapter 18 – Crimes against Public Prudency and Morality

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Islamic Penal Code of Iran (1991, as amended 2012; selected provisions related to women) – 5: Book 5 – Ta’azir and Deterring Punishments, Chapter 18 – Crimes against Public Prudency and Morality

Article 637- When a man and a woman who are not married to each other, commit indecent acts other than zina, such as kissing or sleeping next to one another, they shall be sentenced to up to ninety-nine lashes; and if the act is committed by force only the one who has used force shall be punished as ta’zir.

Article 638- Anyone in public places and roads who openly commits a harām (sinful) act, in addition to the punishment provided for the act, shall be sentenced to two months’ imprisonment or up to 74 lashes; and if they commit an act that is not punishable but violates public prudency, they shall only be sentenced to ten days to two months’ imprisonment or up to 74 lashes.
Note- Women, who appear in public places and roads without wearing an Islamic hijab, shall be sentenced to ten days to two months’ imprisonment or a fine of fifty thousand to five hundred Rials.

Article 639- The following individuals shall be sentenced to one year to ten years’ imprisonment and in respect to paragraph (A), in addition to the punishment provided, the relevant place shall be closed temporarily at the discretion of the court.
A – Anyone who establishes or directs a place of immorality or prostitution.
B – Anyone facilitates or encourages people to immorality or prostitution.
Note- If the abovementioned act is regarded as qavadi (procuring), in addition to the punishment provided above, [the offender] shall be sentenced to the hadd punishment for qavadi (procuring).

Article 640- The following individuals shall be sentenced to three months to one year of imprisonment and a fine of one million and five hundred Rials to six million Rials and up to 74 lashes or to one or two of the above punishments.
1 – Anyone who, for distribution and business purposes, displays and shows to the public, or produces or keeps any writing or design, gravure, painting, picture, newspapers, advertisements, signs, film, cinema movie, or basically anything, that violates public prudency and morality.
2 – Anyone who, whether personally or through someone else, for the abovementioned purposes, imports or exports the aforementioned objects, or by any means deals or acts as a broker to the [abovementioned] business or any other businesses, or benefits from renting the said objects.
3 – Anyone who, by any means, advertises to encourage dealing and promoting the abovementioned objects, or introduces people who commit the abovementioned illegal acts, or the place the said objects can be obtained.
Note 1- This article is not applicable in the case of objects that are obtained or bought or sold or used in accordance to the Shari’a rules and for scientific or any other permitted reasonable purposes.
Note 2- The object mentioned in this article shall be seized and their contents shall be removed and then shall be submitted to the relevant state organ to be used properly.

Next: Chapter 6 – Book 5 – Ta’azir and Deterring Punishments, Chapter 19 – Crimes against Family Rights and Responsibilities

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Islamic Penal Code of Iran (1991, as amended 2012; selected provisions related to women) – 6: Book 5 – Ta’azir and Deterring Punishments, Chapter 19 – Crimes against Family Rights and Responsibilities

Article 642- Anyone who fails to pay his wife’s nafaqa (maintenance), while he has the financial ability, subject to the wife’s tamkin (obedience), or fails to pay other members of his family that he is legally responsible to pay their nafaqa, shall be sentenced by court to three months and one day to five months’ imprisonment.

Article 643- Anyone who knowingly concludes a marriage contract between a man and a married woman, or a woman who is in her edda period [a period during which a separated or widowed woman is prohibited from remarrying], shall be sentenced to six months to three years’ imprisonment or a fine from three million to eighteen million Rials and up to 74 lashes. And if he is a director of a Marriage and Divorce Register Office or a Notary Public, he shall be permanently prohibited from directing the said offices.

Article 644- Those who knowingly commit one of the following acts shall be sentenced to six months to two years’ imprisonment or a fine of three to twelve million Rials:
1 – Any woman who is married, or during her edda period, with a man, and marries another man but no sexual relations happen.
2 – Anyone who marries a married woman or a woman who is in her edda period, but no sexual relations happen.

Article 645- In order to protect the institution of family, the registration of the marriage contract, a divorce, and revocation of the divorce is mandatory. Any man who concludes a permanent marriage, or divorces, or revokes a divorce without registering in a Register Office, shall be sentenced to up to one year of ta’zir imprisonment.

Article 646- Marriage before puberty without the permission of the guardian is forbidden. If a man violates Article 1041 of the Civil Code, and its note, and marries a girl before she reaches the age of puberty, he shall be sentenced to six months to two years’ ta’zir imprisonment.

Article 647- If before the marriage, any one of the parties to a marriage deceives the other party with unreal claims such as higher education, financial ability, social status, career or special position, being single, etc, and the marriage contract is concluded on the basis of any such claims, the offender shall be sentenced to six months to two years’ ta’zir imprisonment.

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Civil Code of Iran (1928, as amended 1985; selected provisions related to women)

Sections:

  1. On Inheritance
  2. Concerning Nationality
  3. On Marriage and Divorce
  4. On Children
  5. On Family
  6. Regarding Guardianship and Tutorship
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Civil Code of Iran (1928, as amended 1985; selected provisions related to women) – 1: On Inheritance

Article 906 – If the deceased has left no living children, and no living children’s children of whatever degree, either of the parents, if alone, takes the whole estate; and if the father and mother of the deceased are both alive, the mother takes one – third and the father two – thirds. But if the mother comes after someone else, one-sixth of the estate belongs to the mother and the rest to the father.

Article 907 – If the deceased leaves no parents, but has one or more children, the estate will be divided as follows:

If the offspring consists of only one, whether son or daughter, the whole of the estate belongs to that child.

If there are several children, but all are sons or all daughters, the estate will be divided equally among them.

If there are several children, some being sons and some daughters each son takes twice as much as each daughter.

Article 908 – If the father or the mother of the deceased, or both parents, are alive, together with one daughter, the share of each one of the father and the mother will be one-sixth of the estate.; and the share of the daughter will be one – half there of. The remainder must be divided among all the rest of the heirs in proportion to the share of each; unless the mother comes after someone else, in which case the mother takes no portion of the remainder.

Article 909 – If the father or the mother, or both the parents of the deceased are alive, together with several daughters, the share of the whole of the daughters will be two-thirds of the estate ,which is to be divided equally among them; and the ,share’ of each one of the father and the mother will be one – sixth . And if there be a remainder it will be divided among all the heirs in proportion to their shares unless the mother comes after someone else, in which case the mother will not take any portion of the remainder.

Article 910 – If the deceased has sons or daughters, even if only one person, his grandchildren do not inherit.

Article 911 – If the deceased leaves no sons or daughters, his grand children are the legal representatives of his sons or daughters, and in this way are reckoned as belong in to the first degree of descendants, and take inheritance with each one of the parents who are alive.

The division of the inheritance among the grandchildren will take place in accordance with their sex, that is to say, each individual will take the portion the person through whom he claims descent from the deceased; hence, the children of a son take twice as much as the children of a daughter.

In the division among individuals of each sex, a boy takes twice as much as a girl.

Article 912 – Children’s children, to whatever generation they extend, take inheritance in the way recorded in the previous Article subject to this, and those nearer to the deceased exclude those more remote from him.

Article 913 – In all the conditions mentioned in this subsection, whichever of the married pair is the survivor takes his or her, share and this share means one half of the estate for the surviving husband and one-quarter for the surviving wife, provided that the deceased left no children or grandchildren; and it means one – quarter of the estate for the husband and one – eighth for the wife if the deceased left children or children’s children. And the remainder of the estate is to be divided among the other heirs in accordance with the preceding Articles.

Article 914- If, owing to the existence of several persons entitled to shares, the estate of the deceased be not sufficient to satisfy of them, the deficiency falls on the daughter or the two daughters; and if, after deduction of the portion of those entitled to shares there still remains something, and there be no heirs entitled to take the remainder by way of relationship, this remainder will be divided among the persons entitled to shares in accordance with the provisions of the preceding Articles; but the husband and the wife in all case, and the mother if she comes after someone else, take no part of the remainder.

Article 915 – The ring which the deceased used to wear, and also the Qoran and the personal clothes and the sword of the deceased go to the eldest son, without being reckoned as part of his portion, unless the estate of the deceased consists of nothing else.

Article 916 -If the estate goes to the heirs of the second degree.

Article 917 – Each one of the heirs of the second degree, if the only one, takes the whole of the estate; and if there are more than one, the estate will be divided among them in accordance with the following Articles.

Article 918 – If the deceased leaves full brothers or sisters, half- brothers or sisters do not inherit.

If there are no full brothers or sisters, half – brothers and half – sisters on the father’s side take their portion of the inheritance.

Article 919 – If the heirs of the deceased consist of several full brothers, or of several half – brothers on the father’s side, or several full sisters, or of several half – sisters on the father’s side, the estate will be divided among them equally.

Article 920 – If the heirs of the deceased consist of several full brothers and sisters, or of several half – brothers and half – sisters on the father’s side, the share of a male will be twice that of a female.

Article 921 – If the heirs consist of several brothers on the mother’s side, or of several sisters on the mother’s side, the estate will be divided among them equally.

Article 922 – If there are full brothers and also brothers and sisters from the mother’s side, the division will be performed in the following manner:

If the brother or the sister on the mother’s side be one person only, he or she takes one – sixth of the estate, and the rest belongs to the brothers and sisters of the full or half blood on the father’s side, who will divide up the rest in the manner laid down above.

If there are several brothers and sisters on the mother’s side (kalaleh), one – third of the estate belongs to them and is divided among them equally, and the rest belongs to the brothers and sisters of the full or the half blood on the father’s side and is divided among them in accordance with the disposition laid down above.

Article 923 – If the heirs consist of grandfathers or grandmothers, the estate will be divided among them in the following manner:

If there be a sole grandfather or grandmother, whether paternal or maternal he or she takes the whole of the estate.

If there be more than one grandfather and grandmother, and if both be paternal, males take twice as much as females and if they be both on the maternal side, the estate is divided among them equally.

If there be both grandfather or grandmother on the father’s side and grand father or grandmother on the mother’s side, one – third of the estate goes to the grandfather or grandmother on the mother’s side; and if there be more than one ancestor on the mother’s side; that third part will be divided equally among them all; and the remaining two -thirds will go to the grandfather or grandmother on the mother’s side; and if there be more than one such ancestor, the portion of a male in that two – thirds part will be twice the portion of a female.

Article 924 – If the deceased leaves ancestors and brothers and sisters (kalaleh), two – thirds of the estate goes to the heirs which have relationship on the side of the father; and in dividing up this portion the males take twice the portion of the females; and one – third goes to the heirs which have relationship on the mother’s side, and is divided among them equally; nevertheless, if the relations on the mo her ’s side consist of only one brother or one sister on the mother’s side, he or she will only be entitled to one – sixth of the estate.

Article 925 -In all the cases dealt with in the foregoing Articles, if the deceased leave neither brothers nor sisters, the nephews and nieces are their legal representatives, and take inheritance with the ancestors; in that case, the division of the inheritance in regard to the nephews and nieces will take place by way of their generation, that is to say, each generation takes the portion of that person through whom he or she claims relationship with the deceased Hence the children of full or half brothers and sisters will take portion of the full or half brothers and sisters on the father’s side only , and the children of brothers and sisters on the mother’s side take the inheritance of the brothers and sisters on mother’s side.

In dividing the inheritance among the individuals of one generation, if the children of the full or the half blood on the father’s side be alone, the male take twice the portion of the female’s; and if they descend from brothers and sisters on the mother’s side, the portion will be shared equally.

Article 926 – If there be in existence both brothers and sisters of the full blood, and those of the half blood on the father’s side, and those of the half blood on the mother’s side, the brothers and sisters of the half blood on the father’s side will be excluded from the inheritance

Article 927 – In all the cases mentioned in this subsection whichever one of the married pair remains takes his or her, share’ from the original estate for the husband, and a quarter thereof for the wife.

The shares of the relations of the mother, whether ancestors or descendants (kalaleh), are taken from the original estate.

If, owing to the inclusion of the husband or the wife, there be a deficiency in the available inheritance, this deficiency will be borne by the brothers and sisters of the full blood or of the half blood on the father’s side or by the paternal ancestors.

Article 928 – If there be no heir o the second degree left by the deceased, his estate goes to the heirs of the third degree.

Article 929 – Each one of the heirs of the third degree, if he is the sole person of that description, takes the whole of the inheritance; and if there be more than one such person, the estate will be divided among them in accordance with the following Articles.

Article 930 – If the deceased leaves uncles or aunts related through both father and mother, the uncles and aunts related through only one parent do not inherit.

If there be no uncles or aunts related through both father and mother, the uncles and aunts related through the father take their portion.

Article 931 – If the heirs of the deceased consist of several paternal uncles or of several paternal aunts, the estate will be divided among them equally, provided that they are all related through father and mother, or all through the father, or all through the mother.

If there be paternal uncles and paternal aunts, all of them being from one mother, they will divide the estate equally; but if all of them are from the same father and mother, or from the same father only, the portion of the males will be twice that of the females.

Article 932 – If there be paternal uncles of the same mother, and also paternal uncles of the same mother and father and of the same father only, the paternal uncle or aunt of the same mother, if alone, takes one – sixth of the inheritance; if they be several, they take one- third of the estate and divide this third equally among themselves; and the rest of the estate goes to the uncles of the same father and mother, or of the same father, and in the sharing males take twice the portion of the females.

Article 933 – If the heirs of the deceased consist of several maternal uncles or of several maternal aunts, or of several maternal uncles and maternal aunts together, the estate is divided among them equally, whether all are of the same father and mother, or all of the same father, or all of the same mother.

Article 934- If the heirs of the deceased consist of a maternal uncle and aunt from the same father, or from the same father and mother, together with a maternal uncle and aunt from the same mother, if the relation of the same be one only he or she takes one – sixth of the estate ;if there be more than one, they take on – third of it and divide it equally among themselves, and the remainder belongs to the maternal uncles and aunts of the same father and mother, or of the same father, who also divide it among themselves in equal shares.

Article 935 – If the deceased leaves one or more paternal uncles or aunts together with one or more maternal uncles or aunts, one – third of the estate goes to the maternal uncles and aunts, and two – thirds to the paternal uncles and aunts.

The division of the third among the maternal uncles and aunts will be in equal portions , but if, among the maternal uncles and aunts there be one related only through the mother, one – sixth of the portion of the maternal uncles and aunts goes to that person; and if there be several related only through the mother, one – third of that portion will be given to them, and in that case there will be an equal division among them.

In the division of the two – thirds part among the paternal uncles and aunts, the portions of the males will be twice that of the females; but if there be one person of the paternal uncles and aunts who is related through the mother only, one – sixth of the portion of the paternal uncles and aunts goes to him ; and if there be more than one such person related through the mother only, one – third of that portion will go to them, in that case they will divide that third portion equally.

In the division of the five – sixth or the two – thirds which remains after deducting the portion of the paternal uncles and aunts, it will be divided among the paternal uncles and aunts related by father and mother or those related by the father only, in such a way that the portion of each male is twice that of each female.

Article 936 – If there be living paternal uncles or aunts or maternal uncles or aunts, their children do not inherit, except when the heirs are confined to one nephew from a paternal uncle related by father and mother, together with one paternal uncle related only on the side of the father; in that case only, the nephew deprives the uncle of an inheritance; but, if, in addition to the nephew from a paternal uncle related by father and mother, there be a maternal uncle or aunt, or several paternal uncles or aunts even if related through the father alone, the nephew will take no inheritance.

Article 937 – If the deceased has left neither paternal uncles or aunts nor maternal uncles or aunts, their children take inheritance in their stead, and the portion of each stock will be the portion of that person through whom the stock claims descent from the deceased

Article 938 – In all the case mentioned in this subsection, the surviving spouse take his or her share from the original estate, and this share means one – half of the original estate for the deceased’s husband and one – quarter for the deceased’s wife.

A person related through the mother takes his portion from the original estate, and the remainder belongs to the persons related through the father; and if there be a deficiency, it will be borne by the persons related through the father.

Article 939 – In all the cases mentioned in this subsection and two previous subsections, if the heir is a hermaphrodite and be one of a group of heirs which are such that the males take twice the portion of the females, his portion will be determined as follows.

If the indications of masculinity are the greater, he takes the portion of boy of his degree; and if the indications of femininity are the greater, the hermaphrodite takes the portion of one girl of that degree; and if neither the masculine nor the feminine indication be preponderant, the hermaphrodite will take one – half of the sum of the portions of one boy and one girl of his degree.

Article 940 – A married pair, married permanently, and not restrained from inheriting, take inheritance one from the other.

Article 941 – The portions of inheritance of a husband and a wife follow the provisions of Articles 913, 927 and 938.

Article 942 – If there be more than one wife, the fourth or eighth part, which belongs to the wife, will be divided equally among them.

Article 943 – If the husband has divorced his wife in such a way that the divorce is revocable, either one of them who dies before the expiry of the “uddah” period will inherit from the other; but if the death of one of them takes place after the expiry of the “uddah” period, or if the divorce was irrevocable, they will not inherit from one another.

Article 944 – If the husband divorces his wife when he is ill, and dies of that same disease within a year from the divorce, the wife takes inheritance from him, even if the divorce were irrevocable; provided that the wife has not taken another husband.

Article 945 – If a man marries a woman when he is ill, and dies of that disease before consummation of the marriage, the wife does not take inheritance from him; but if he dies after consummation, or after recovery from that disease, the wife takes inheritance from him.

Article 946 – The husband takes inheritance from the whole of the effects of the wife; but the wife takes only from the following effects

a – From the movable property, of whatever kind.

b – From building and trees.

Article 947 – The wife takes inheritance from the price of the buildings and trees, and not from those things themselves; and the method of valuation is this, that the buildings and trees are valued on the supposition of their being worthy to remain in the ground, but without taking into consideration the labour.

Article 948 – If, in the circumstances of the previous Article, the heirs refuse to pay the price of the building and the trees, the woman may realise her right on those thing from the thing themselves.

Article 949 – If there be no other heir apart from the husband or wife , the husband takes the whole of the estate of his late wife; but the wife takes only her portion , and the rest of the estate of the husband is considered as the estate of a man without any heir, and will be dealt with in accordance with Article 866.

Next: Chapter 2 – Concerning Nationality

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Civil Code of Iran (1928, as amended 1985; selected provisions related to women) – 2: Concerning Nationality

Article 976

The following persons are considered to be Iranian subjects:
(1)All persons residing in Iran except those whose foreign nationality is established; the foreign nationality of such persons is considered to be established if their documents of nationality have not been objected to by the Iranian Government.
(2)Those born in Iran or outside whose fathers are Iranian.
(3)Those born in Iran of unknown parentage.
(4)Persons born in Iran of foreign parents, one of whom was also born in Iran.
(5)Persons born in Iran of a father of foreign nationality who have resided at least one more year in Iran immediately after reaching the full age of 18; in other cases their naturalization as Iranian subjects will be subject to the stipulations for Iranian naturalization laid down by the law.
(6)Every woman of foreign nationality who marries an Iranian husband.
(7)Every foreign national who has obtained Iranian nationality.

Article 977
(a)If persons mentioned in Clause 4 of Article 976 wish to accept the nationality of their fathers they must submit a written declaration to the Ministry of Foreign Affairs to which they should annex a certificate issued by the national Government of their fathers to the effect that the said Government would recognize them as their own nationals.
(b)If persons mentioned in Clause 4 of Article 976 after reaching the full age of 18 years wish to remain of the nationality of their fathers, they must, within a period of one year, submit a declaration to the Ministry of Foreign Affairs to which they should annex a certificate from their father’s national Government indicating that the said Government would recognize them as its own nationals.

Article 978
Reciprocal treatment will be observed in the case of children born in Iran of nationals of countries where children born of Iranian subjects are considered as nationals of that country and the return of such children to Iranian nationality is made dependent on permission.

Article 979
Persons can obtain Iranian nationality if they:
(1)Have reached the full age of 18.
(2)Have resided five years, whether continuously or intermittently, in Iran.
(3)Are not deserters from military service.
(4)Have not been convicted in any country of non-political major misdemeanors or felonies.
In the case of Clause 2 of this Article, the period of residence in foreign countries in the service of the Iranian Government will be considered as residence in Iran.

Article 980
Those opting for Iranian nationality who have rendered services or notable assistance to public interests in Iran, or who have Iranian wives by whom they have children, or who have attained high intellectual distinctions or have specialized in affairs of public interest can be accepted as nationals of the Islamic Republic of Iran without the observance of the requirement of residence, subject to the sanction of the Council of Ministers and provided that the Government considers their naturalization to Iranian nationality to be advisable.

Article 981
This article was repealed on 29 December 1982.

Article 982
Those who have obtained or who obtain Iranian nationality will enjoy all rights recognized for Iranians with the exception of the right to attain to the position of the President of the Republic, a Minister of Cabinet rank or of Acting Minister or any kind of diplomatic position abroad. They cannot, however, attain the following positions until 10 years after the issue of the document of Naturalization: (1) Membership of the Islamic Consultative Assembly. (2) Membership of Provincial or District Councils or Municipal Councils. (3)Entry into the service of the Ministry of Foreign Affairs.

Article 983
An application for naturalization must be submitted to the Ministry of Foreign Affairs direct or through the Governors or Governors-General, and be accompanied by the following documents:
(1)Certified copy of the identity papers of the applicant, his wife and children.
(2)Certificate from the police stating the period of residence in Iran of the applicant, his clean record, possession of sufficient property or of employment which ensure a livelihood. The Ministry of Foreign Affairs will complete, if necessary, the particulars concerning the applicant and will send the papers to the Council of Ministers for an appropriate decision rejecting or acception the application.If the application is accepted a document of nationality will be delivered to the applicant.

Article 984
The wife and minor children of those who obtain Iranian nationality in accordance with this Act will be recognized as Iranian nationals; but the wife can submit, within one year of the date of issue of nationality papers to her husband, and the minor children can submit, within one year after reaching the full age of 18, a written declaration to the Ministry of Foreign Affairs accepting the former nationality of her husband or the father as the case may be, provided, however, that the certificate mentioned in Article 977 is attached to the declaration of the children whether male or female.

Article 985
Adoption of Iranian nationality by the father in no way affects the nationality of his children who may have attained the full age of 18 at the date of the application for naturalization.

Article 986
A non-Iranian wife who may have acquired Iranian nationality by marriage, can revert to her former nationality after divorce or the death of her husband, provided that she informs the Ministry of Foreign Affairs in writing of the facts; but a widow who has children from her former husband cannot take advantage of this right so long as her children have not attained the full age of 18. In any case, a woman who may acquire foreign nationality according to this Article cannot possess properties except within the limits fixed for foreign nationals. If she possesses landed properties more than those allowed in the case of foreign nationals, or if subsequently she comes into possession by inheritance of landed properties exceeding that limit, she must transfer by some way or other to Iranian nationals the surplus amount of landed properties within one year from the date of her acquiring the inherited property. Failing this, the properties in question will be sold under the supervision of the local Public Prosecutor and the proceeds will be paid to her after the deduction of the expenses of sale.

Article 987
An Iranian woman marrying a foreign national will retain her Iranian nationality unless according to the law of the country of the husband the latter’s nationality is imposed by marriage upon the wife. But in any case, after the death of the husband or after divorce or separation, she will re-acquire her original nationality together with all rights and privileges appertaining to it by the mere submission of an application to the Ministry of Foreign Affairs, to which should be annexed a certificate of the death of her husband or the document establishing the separation.

Article 988
Iranian nationals cannot abandon their nationality except on the following conditions:
(1)That they have reached the full age of 25.
(2)That the Council of Ministers has allowed their renunciation of their Iranian nationality.
(3)That they have previously undertaken to transfer, by some means or other, to Iranian nationals, within one year from the date of the renunciation of their Iranian nationality, all the rights that they possess on landed properties in Iran or which they may acquire by inheritance although Iranian laws may have allowed the possession of the same properties in the case of foreign nationals. The wife and children of the person who renounces his nationality according to this Article do not lose their Iranian nationality, whether the children are minors or of age, unless the permission of the Council of Ministers allows them to renounce their nationality; and (4)That they have completed their national military service.

Article 989
In case any Iranian subject acquired foreign nationality after the solar year 1280 (1901-1902) without the observance of the provisions of law, his foreign nationality will be considered null and void and he will be regarded as an Iranian subject. Nevertheless, all his landed properties will be sold under the supervision of the local Public Prosecutor and the proceeds will be paid to him after the deduction of the expenses of sale. In addition, he will be disqualified to attain the position of Cabinet Minister or Assistant Minister or of membership of the Legislative Assemblies, Provincial and District Council and Municipal Councils, or any other governmental positions.

Article 990
Iranian subjects who may have personally, or whose fathers may have, renounced Iranian nationality in accordance with the provisions of law and who may wish to re-acquire their original nationality can be reinstated in their Iranian nationality by mere application unless the Government may deem the grant of their application to be inadvisable.

Article 991
Particulars and instructions concerning the enforcement of the law of nationality and the exaction of the administrative fees in the case of those who may apply for naturalization as nationals of the Islamic Republic of Iran, or renunciation of Iranian or retention of original nationality, will be specified in regulations which will have to be sanctioned by the Council of Ministers.

Next: Chapter 3 – On Marriage and Divorce

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