Father's Permission for Marriage: Does Islam Consider Women Lacking Decision-Making Logic?

Islamic jurisprudence-based laws in Iran often compel women to seek permission from men when it comes to the most important life decisions, such as obtaining a passport, leaving the country, and of course, marriage. According to current Iranian law, girls need the consent or permission of their father to marry. The question arises: why are boys not required to seek the permission of a guardian? And why is the guardian's permission limited to the father? Critics ask whether Islamic law considers women as minors lacking decision-making and discernment abilities. Hojjatoleslam Mohammad Ali Elahi, Imam and founder of the Islamic Dar al-Hekma in America, argues that women make more emotional decisions and that Islam's requirement for a father's permission is actually an effort to protect them. Lawyer Leila Alikermi, however, disagrees and sees such a condition in Iranian laws as a reflection of patriarchal culture. The discussion begins with Elahi addressing why Islam requires a father's permission for women's marriage while not imposing such a requirement on men. Elahi states that Islam focuses on the stability and strength of the family, hence requiring necessary knowledge and experience for marriage to ensure decisions are not based solely on romantic feelings. He argues that consulting the father for daughters, particularly those marrying for the first time, is a precautionary measure to safeguard their future marital status, utilizing the father's experience and rationality, which should be coupled with justice. He insists that this is not about belittling or infantilizing daughters but rather about support. Alikermi counters that the distinction between religious law and legal interpretations is often blurred in everyday life, noting that the requirement for a father's permission is not a religious obligation but a legal one that has evolved over time. She categorizes jurists into three groups regarding the father's authority over daughters: those who believe authority ceases at maturity, those who maintain authority as long as the daughter is a virgin, and those who advocate for shared authority between daughter and guardian. Alikermi emphasizes that the focus on virginity undermines the notion of strengthening relationships between fathers and daughters. The conversation turns to the recent proposal in the Iranian parliament to eliminate the father's permission for marriage under certain conditions, such as for women over 28 with a master's degree and work experience. Alikermi expresses skepticism about such classifications, arguing they could perpetuate discrimination against women. The discussion highlights contradictions in Iranian laws regarding the age of maturity and the requirements for marriage, questioning the rationale behind these inconsistencies. Elahi maintains that the issue of marriage differs from other responsibilities, asserting that the father's support is crucial to protect daughters from potential harm. The debate ultimately centers around whether women are inherently emotional and incapable of logical decision-making, with Alikermi arguing that men often act on emotion as well, particularly in cases of violence. The conversation concludes with a recognition of the need for a more nuanced understanding of gender dynamics in Iranian society.