Are Marriage Laws in Iran Being Formulated to Meet the Sexual Needs of Children?

As concerns rise over the increasing statistics of child brides and child mothers in Iran, Zahra Ayatollahi, head of the Cultural and Social Council of Women at the Supreme Cultural Revolution Council, has called for attention to be paid to the "sexual needs of 13-year-old children." In an interview with IRNA, the head of the Women's Cultural Council warned about the "prevalence of early puberty among Iranian children and adolescents" and stated that the gap between this puberty and marriage is "unjustified." She noted that "given that sexual maturity is decreasing, if these individuals wish to marry, the grounds for it should be prepared." Ayatollahi pointed out that "the need for the opposite sex for girls and boys is not accepted outside the framework of marriage" and called for no prevention of marriages for those under 18 years old. She stated, "10 and 11-year-old girls and boys interact with each other in society. This is a social reality and indicates the need of girls and boys for the opposite sex. Should this need be left unanswered? If we do not respond to it, it means we are closing our eyes to reality." According to Ayatollahi, "if sexual maturity occurs before the age of 13, that individual should learn to control themselves and then consent to marriage after 13." The issue of meeting the sexual needs of children under 18 arises while the legal marriage age in Iran is set at 13 for girls and 15 for boys. Meanwhile, statistics show that a large number of marriages below the legal age, even below the established 13 years, occur annually. Some of these marriages are aimed solely at meeting the sexual needs of children. Experts say that poverty and underdevelopment are among the most important reasons for the early marriage of girls. But is marriage the only solution to meet the sexual instincts of children? Hossein Ghazian, a sociologist residing in the United States, outlines the current situation: "You know that childhood does not end with sexual maturity. That is, sexual maturity can occur in an individual while they are still a child, meaning they are defined as under 18 years old. The second point is that as long as an individual is a child, they cannot assume social responsibilities. That is, responsibility is lifted from them due to their childhood. Therefore, they cannot obtain a driver's license, vote, or marry. Establishing sexual relationships falls into this category as well." However, the point that Ayatollahi insists cannot be ignored is the emergence of sexual needs before the end of childhood, i.e., the age of 18. This issue, which Ghazian believes may arise due to biological, climatic, or individual reasons, is exacerbated in Iranian society, where children are exposed to visual sexual phenomena, sexual imagery, and stimuli in public spaces. While Iranian laws set the marriage age for girls at 13, in many countries, sexual relations between children and adults over 18 are considered a crime. Considering that a child under 18 may have sexual needs, how can this need be fulfilled? Ghazian answers: "The way societies have typically dealt with this is to hide or suppress this need. We know that this need will manifest in another form or be addressed in another way. One way is for a child to engage in sexual relations with another child and fulfill their sexual needs through human interaction with another child. This is something that currently happens. In our society, despite all the disciplinary measures in place, we know such events occur, although they may not be at the level of other societies. The second point is that children may fulfill their sexual needs in a non-human way, meaning without the involvement of a human element. The other way that our society has taken is that it only occurs through marriage. When we talk about marriage, we accept that the child will assume responsibilities while still being a child. This is where the contradiction begins and the problem starts." The laws in Iran have over 300 legal articles dedicated to marriage and divorce, covering everything from the requirements for proposals to the details of divorce. Nevertheless, Mehrangiz Kar, a lawyer residing in the United States, believes that the most important and primary obligation imposed by law on women is sexual relations. This law applies to all girls over 13 who enter into marriage. Kar states: "Sexual relations are the first and foremost obligation that Iranian laws impose on a man and woman who marry, regardless of their age, and it is natural that the age of obligation for girls and women is emphasized more strongly in Iranian laws." According to Fatemeh Zolghadr, a member of the Cultural Commission of the Islamic Consultative Assembly, 42,000 marriages under 18 have been registered in the country, with many occurring under the age of 13. Kar explains that these girls, in addition to having to meet their husbands' sexual needs, must also adhere to other obligations: "Girls who marry must accept the responsibilities arising from marriage. For example, when they have children, they have no guardianship over their child, have no custody rights, and important decisions regarding the children are made by the father. Although this is not explicitly stated in the law, the responsibilities related to household management fall entirely on women. If they shirk these responsibilities, it naturally leads to serious conflicts between the husband and wife." In families with greater religious adherence, the restrictions are even more pronounced. Kar states: "In this group of families, a woman's exit from the home must be done with her husband's consent, or even if she wants to work outside the home, she must have her husband's approval. Child-rearing is a major obligation of mothers. Although this is not explicitly addressed in the law." Unfortunately, a religious marriage alone can facilitate the marriage of underage girls. This means that in cases where marriage below the legal age is discovered and a problem arises, the marriage itself is not declared invalid. Kar, a lawyer, raises the final question: if a group of children has sexual needs and we do not want to meet this need through marriage, what alternatives do we have? Ghazian states that there is no immediate solution to this issue: "One part of the solution is changing these laws. These laws must change when they do not align with people's living conditions. The law should serve to regulate social relations for the individuals in society. Just as so-called religious laws were once the same, as they were customary laws of their time and addressed people's needs in that way. Well, needs have changed, people's relationships have changed, and the law can and must change. The law is not sacred. Islamic divine law is not divine but customary. This is something that jurists refer to as customary laws." However, Kar believes that as long as religious laws hold the same weight as civil laws, legal solutions will not resolve the issue: "Unfortunately, a religious marriage alone can facilitate the marriage of underage girls. This means that in cases where marriage below the legal age is discovered and a problem arises, the marriage itself is not declared invalid because the marriage is religious, even if it is not registered. If there is any punishment, it is because the marriage was not registered, not because a minor girl was forced into marriage. For the court, it is sufficient that the girl's guardian has signed it. This is why, no matter how much they legally raise the marriage age, which is certainly a good, appropriate, and necessary move, it is clear that this danger will always threaten young girls unless the law adds that even if a religious marriage occurs, provisions must be made to annul it because they acted against the law." Ghazian does not see the government and law as the sole responsible parties for changing conditions, placing part of the responsibility on the people: "In fact, individuals, families, and society, and educators must recognize these needs and think about how to address them. As long as these incorrect moral prohibitions regarding addressing sexual needs exist, this problem will continue, and it requires the acceptance of lifting the moral restrictions that we have unjustifiably placed on our human needs, and we only bear the negative consequences of it."