Widespread Reactions to the Hijab Law Text; 'Shameful and Gender Apartheid'

A few days after the Speaker of the Islamic Consultative Assembly announced that the law known as 'Chastity and Hijab' would soon be enacted, Iranian media published the full text of this law aimed at intensifying mandatory hijab. The complete text of this decree, officially titled 'Law for the Support of Family through the Promotion of Chastity and Hijab', was released in Iranian media on Saturday, December 1. The publication of this text has sparked widespread reactions from legal experts, political activists, civil figures, and social media users. Media outlets and several users in cyberspace have described it as 'a source of shame', 'astonishing', 'gender apartheid', and 'a tool of terror for repression'. The European Parliament has deemed the intensified repression of women in Iran as a form of torture. The text published by Iranian media, titled 'Full Text of the Hijab Law', consists of 74 articles divided into five chapters. The first half of this law (including 36 articles) addresses generalities, duties, and responsibilities, while the entire second half (from Article 37 to the end) is dedicated to 'crimes and violations'. The second half of this law specifies various financial penalties, imprisonment, social deprivation, and other 'preventive and educational measures' for those who do not comply with the government's mandatory hijab. According to this law: - Non-compliance with mandatory hijab for the first time incurs financial penalties of up to 18 million tomans, with the amount increasing for subsequent offenses. - If officials of complexes and towns do not provide surveillance footage to agents, they will be fined between 18 to 36 million tomans, with the amount increasing for subsequent offenses. - The penalty for 'insult or aggression' towards those who remind others about hijab is set between 8 to 18 million tomans. - Financial penalties must be paid within 10 days after the verdict becomes final, and failure to pay will result in various restrictions on receiving government services, including issuing or renewing passports, vehicle registration or license plate changes, issuing exit permits, and issuing or renewing driving licenses. - Designing and promoting clothing, toys, signs, or mannequins that 'promote unveiling' will incur financial penalties, exit bans, and bans on online activities. - Failure to pay financial penalties within 10 days will result in deprivation of issuing or renewing passports, exit permits, issuing or renewing driving licenses, vehicle registration or license plate changes, and other matters. - Drivers of ride-hailing taxis are required to report on passengers' compliance with mandatory hijab. - Girls aged 9 to 15 are required to comply with mandatory hijab, and in case of 'committing unveiled behavior', they will face fines and 'educational' measures. The criticisms and protests regarding the published text of the hijab law encompass a wide range. Several legal experts and lawyers, including Ali Mojtahedzadeh, Hassan Younesi, Mohsen Barahani, and Sina Yousefi, have called this law 'a source of shame and embarrassment', 'disheartening', 'contrary to legal and religious standards', and 'gender apartheid'. Farshad Ismaili, a legal expert and labor researcher, also stated that the aim of this law is to create 'terror for repression'. Roozbeh Alamdari, the editor of the Jamaran website, described the hijab law as a product of 'decayed, outdated thinking that lacks understanding of existing realities'. Some critics of this law, including supporters of the Islamic Republic, have deemed the published text contradictory to the slogan of 'national unity' and have voiced their criticisms under the hashtag 'do not enact'. A large number of criticisms raised on social media also pertain to Article 32 of this law. According to this article, those who remind others about hijab must be Iranian citizens, but 'migrants or foreign nationals with official residency permits from the Ministry of Interior' are exempt from this condition. However, some users and activists have warned against focusing solely on this article. The tumultuous history of the hijab law began after the death of Mahsa Amini in the morality police and the emergence of the 'Women, Life, Freedom' protests, prompting Islamic Republic officials to emphasize the enactment of a law regarding mandatory hijab. The initial draft from the judiciary included seven articles, which increased to 15 under President Ebrahim Raisi's administration, and then to 70 in the parliamentary commission. However, the draft prepared in the parliamentary commission was returned several times by the Guardian Council. After numerous back-and-forths, the representatives of the Islamic Consultative Assembly finally voted on September 20, 2023, to implement this plan for three years, and the Guardian Council recently announced that it had approved this decree. Last week, on December 5, Majid Ansari, the legal deputy of Masoud Pezeshkian, stated that the hijab law 'despite being written is in a state of suspension'. However, immediately after him, Morteza Aqa Tehrani, the head of the Cultural Commission of the Islamic Consultative Assembly, announced that this law would be enacted on December 16. Two days later, Mohammad Baqer Qalibaf, the Speaker of the Islamic Consultative Assembly, stated that the hijab law 'had not been enacted yet due to security considerations surrounding the anniversary of 1401' and confirmed that this law would definitely be enacted on December 23. According to the laws of the Islamic Republic, if the President does not enact the laws approved by the parliament, the Speaker of the Parliament can directly enact these laws to the executive officials. Despite the intensifying government pressures in recent years, the civil struggle of women and girls in Iran against mandatory hijab has continued.