Gender Policy in Iran: The Structural Causes behind the Protests
For the past four weeks, civil unrest has been sweeping across Iran as people take to the streets following the death of Mahsa Amini. A twenty-two year old woman from Saqqez in Kurdistan, Amini was visiting Tehran with her family when the Gasht-e Ershad, or “morality police,” arrested and detained her for violating Iranian dress code policy. Her death was announced three days later, on September 16, when the state television released a statement saying that she had suffered a heart condition while in custody, fell into a coma, and later died in the hospital. Amini’s family has rejected these claims, which include a pre-existing heart condition, arguing that she was perfectly healthy and that they believe the cause of death to be far more atrocious. International human rights organizations, such as Amnesty International, have also backed the Amini family, calling for a criminal investigation into the suspicious death and assertions of mistreatment.
This incident became the tipping point for national protest in Iran, as long-held frustration for the current administration and Iran’s authoritarian theocracy found an identifiable outlet. Calls for justice over Amini’s death have snowballed into outrage at the constant fear of violence, harassment, and detention that women and girls face daily in Iran over how they dress. Dorsa Jabbari, Aljazeera reporter, explains: “We all felt like we could be Mahsa….Every time we leave the house, we have the fear of being stopped by the morality police, and not knowing what will happen to us afterwards.” She adds that protests in Iran come with great risk of violent retaliation from the state, so it is especially notable that people have flocked to the streets across the country. As of October 4, while numbers are unclear, there have been hundreds of arrests and at least 154 deaths. With all of the turbulence and danger, it raises the question: What was Mahsa Amini arrested for and how do these policies impact daily life for women in Iran?
In just the twentieth century alone, the hijab and Islamic dress code in Iran has seen dramatic fluctuations in line with regime change. Under the reign of Reza Shah Pahlavi in the 1930s and his modernization agenda, wearing the hijab in public was deemed a punishable crime (Mir-Hosseini, 1). After his abdication in 1941, this practice was no longer a criminal offense but still carried a stigma of backwardness and low social class. However, over time the message shifted, and the ideological symbolism behind the hijab was twisted into one of anti-colonialism, protection, and reclamation of identity. With the Islamic Revolution in 1979 and the establishment of the Islamic Republic of Iran, the prominence of the hijab in Iranian was officially cemented under law. In 1983, under Article 102 of the Law of Islamic Punishments, appearing in public without the hijab became a punishable offense, the punishment being up to 74 lashes (Mir-Hosseini, 7). Notably, this policy was extended to all women, regardless of whether they were Iranian or Muslim themselves. The justification for such drastic measures was placed on Shari’a law, in that wearing the hijab was meant to protect female chastity and honor.Although the severity of punishment was diminished to imprisonment or fines in the mid 1990s, the topic of dress code itself remained taboo until 1997 and the election of Mohammad Khatami. This reformist leader represented popular support for greater toleration and accountability within Iranian society. As the political space opened up, so did discussions surrounding the hijab and other rights. However, the election of traditionalist Mahmud Ahmadinenjad in 2005, dialogue around reforms and the hijab were shut down; the compulsory hijab exists to this day, and those who choose to defy it face consequences.
There is ultimately no codified law that dictates the full specificities regarding how women must dress. Most of what is deemed acceptable is based on commonly held understandings of modesty in Islamic practice. This includes covering their hair with a headscarf, such as the hijab, and wearing clothing that is loose-fitting and exposes as little skin as possible. Depending on context, these rules can be stricter; women working in state-run organizations, such as the government or television, have to wear certain scarves that cover their entire head, or even wear two layers to ensure that no hair escapes. The lack of set guidelines means that women and girls over the years have attempted to push back against compulsory hijab requirements and dress codes by pushing their scarves back on their heads or wearing more Western-inspired clothing. In an effort to crackdown on perceived immodesty in Iranian society, the government established the Gasht-e Ershad to be the defenders and enforcers of dress code.
Established officially in 1990, the morality police are tasked with ensuring that the modesty requirements are upheld. Comprised of both men and women, they occupy white vans with green stripes, often stationing themselves in crowded public spaces or places where younger people are likely to gather. Iranian law essentially allows this police force to stop women at their discretion; as a result, there is always uncertainty surrounding the outcome of an interaction with the morality police. Jabbari notes that experiences can range from being let go with a warning to being detained and taken away in their van. This adds another layer of anxiety and exhaustion to the lives of Iranian women, who have to consider how people will react to their clothes every time they leave the house. Even if one believes to have followed all the expected modesty requirements, there is still fear that it will not be enough. Women who are taken away are often taken to re-education centers, or detention facilities, where women have to undergo state-mandated classes on Islam and the importance of the hijab. This aligns with a shift in Iranian leadership as more call for education and correction as opposed to criminal punishment for breaking morality codes. However, Hadi Ghaemi, director of the Center for Human Rights in Iran, says that these centers have no basis in any law and simply serve as an instrument of arbitrary detainment and authoritarian agenda. As a result, these are controversial spaces without clear information pertaining to exactly what happens inside. Ultimately, Iranian policy towards women regarding dress code is vague, open for interpretation and placed in the hands of the morality police. Not only do modesty expectations limit the choices women and girls can make, but arbitrary and potentially violent arrests have added to the frustration and fear Iranians feel and resulted in the protests now taking the country by storm.