Challenges in enforcing hijab law
The ongoing controversy surrounding the hijab law in Iran has not been limited to its latest draft. The bill on hijab has been criticized and opposed by various political figures, sociologists, and the general public since its early stages of review behind closed doors in the special committee of Parliament up until the present day as it has been transformed into law and moved closer to implementation. These objections have sometimes come from statesmen and law enforcers and at other times from religious leaders, heads of the three branches, and even official and cultural institutions of the country.
What did heads of branches say about hijab law?
After Parliament Speaker Mohammad Baqer Qalibaf announced the date for implementing the Chastity and Hijab law (Dec. 14), all attention shifted to the other two branches to hear what Iran’s President Pezeshkian and Judiciary Chief Mohseni Ejehi would say. Notably, the dissolution of the morality police and the enhancement of the hijab situation were key slogans and promises made by the president during the election campaign.
First, Pezeshkian, who has repeatedly criticized the arbitrary and self-serving treatment of the public, spoke frankly about the ambiguities of the chastity and hijab law in a live televised conversation with the public broadcast by the state media.
The president said on this matter: “There is considerable debate surrounding this issue. They aimed to implement it early on when we arrived. From an enforcement standpoint, it remains quite ambiguous. We want to do the right thing, but intervention might exacerbate the situation. We plan to engage in dialogue to uphold our principles and values without compromising national unity and cohesion. In my opinion, many aspects of this law are questionable. Those advocating for its implementation must possess the skills and capabilities for enforcement, which I do not observe in the current executive system. We need to engage in dialogue.”
Referring to the crimes outlined in the law, the president emphasized, “Suppose I am a taxi driver and a woman without a proper hijab gets into my car. What are we supposed to do? Punish both the driver and the passenger! Or, if I own a restaurant and a woman without a proper hijab enters, should I punish both the restaurant owner and that woman? Is this approach feasible? People who have no connection to them will also be dissatisfied. Our education and upbringing system in this area has problems, which we have not yet addressed. Now, we want to come here and solve the issue this way. Is that possible?”
Gholam-Hossein Mohseni Ejei, the head of the Judiciary, while stressing the implementation of the law, also highlighted its flaws and signaled a positive intent to improve it. He said, “If there are shortcomings, they should be corrected. We are not saying that this law is divine revelation, but the law must be implemented. The law should be the final word, but it must be precise and enforceable.”
Nasser Imani, a conservative political figure, believes that the head of the Judiciary is opposed to the law on hijab and chastity. He said, “If you pay attention to Mohseni Ejei’s remarks, it seems that he is also not satisfied with this law or finds its implementation problematic.”
On the other hand, those close to Qalibaf believe that the parliament speaker is also opposed to the hijab bill, a claim that can be substantiated in his recent statements. Although he stated that he defends the law on Hijab and Chastity on the grounds of respecting the Constitution and the votes of the representatives, he sent positive signals for amending the shortcomings of the law to the government. “This means that if there are indeed issues, the same law that approved this has also provided a pathway for its amendment. But a law is a law; we must be careful about this.”
SCCR aligned with gov’t
In recent days, the unprecedented statements of Abdolhossein Khosropanah, the secretary of the Supreme Council of the Cultural Revolution (SCCR), regarding the hijab law have become noteworthy. Kowsarpanah’s explicit opposition sent a positive signal to the government, indicating that it is not alone in criticizing the law. Some have even predicted that even if the law is enacted, the volume of concerns and criticisms may delay its implementation, at least until some of its provisions are revised.
Kowsarpanah, speaking to a group of journalists, emphasized that the supreme council was not consulted about this law and stated, “If a driver picks up a woman without a proper hijab, he should be warned. If he doesn’t warn her, the driver should be penalized. What offense has the driver committed? His livelihood is through driving. I see such issues in the law. These are the valid issues that need to be addressed. Recently, I heard the speaker of Parliament say that they are open to suggestions and amendments and will certainly consider them. Hopefully, they will finalize the law with these amendments, and the government, with its national unity approach, will implement it.”
On-time warning to officials
Despite the fact that supporters of the chastity and hijab law, who are mostly from the hardline factions, emphasize the need for its swift implementation, opponents of the law are sounding the alarm about the challenges it could create once enforced. These opponents, who span the political spectrum from conservatives to reformists, highlight the severe financial penalties in the law and stress that many of its definitions, such as improper hijab or immodest clothing, are ambiguous and lack clear definitions.
As Ayatollah Seyyed Ali Mohammad Dastghaib, one of Iran’s prominent clerics, wrote in opposition to the chastity and hijab law, “This law on hijab, which includes many harsh and severe provisions, does not seem to solve the problem and, in my view, is contrary to Islamic law. Taking money from individuals who are guilty of such offenses has no legal basis in Islam. Therefore, I urge the representatives who drafted this law to draw a red line through it, as it is not acceptable or correctible in any way and lacks legitimacy. They should draw a red line through the entire law. After all, they are jurists, and one can ask them where these laws are found in the Islamic texts, and which jurist endorses such measures based on the Qur’an and hadiths?”
He added, “The result of such laws is only to increase public dissatisfaction. As you know, if a law that forces people to follow a religious command through violent means leads to a dislike of the religion itself, according to the principle of deterring through respect, such a law is contrary to the sacred Islamic law and has the opposite effect. As some other top Shia authorities also believe, mandatory hijab is not feasible; and with compulsion, the state of hijab in society will not improve.”
Ali Rabiei, the advisor to the president on social affairs, emphasized on the social media platform X that the implementation of this law is impractical and would lead to “civil disobedience”.
Mehrdad Lahouti, a member of the Independent Bloc at Iran's Parliament, stated, “I see many flaws in the chastity and hijab law, and in a way, it pits people against each other. For example, when a person goes to a store, the seller cannot get into an argument with the customer. Since the chastity and hijab law was not the result of a decision by this parliament, I hope this parliament decides to address the flaws in the law.”
Abbas Abdi, a reformist political activist said, “This law sets people against each other and against the state in the short term, but in the long term, it unites people against the government. It’s not a situation where people will always fight each other; each will find their own way and direct their frustration towards a single point.”
Mohsen Gharavian, a conservative political activist and professor at the Qom Seminary, also expressed his concerns about the law, “Has the feasibility of implementing this law been assessed and measured? I don’t know. It seems that this lack of assessment will also make the implementation of the law problematic. Another point is that some have said that this law will create a crisis, and this is somewhat evident.”
Fate of hijab law after enactment
With the growing number of opponents to the implementation of the chastity and hijab law, the question arises: What will be the fate of the law after its enactment by the parliament speaker? As some political and legal figures have said, the government has delayed the law’s implementation through consultations with the authorities. The government effectively delegated it to the National Security Council. The council then called on Parliament to stop the process of implementing the hijab law.
Fatemeh Mohajerani, the government spokesperson, also addressed the fate of the law’s implementation in her most recent press conference, “The government has concerns and, as the implementing body, is currently in discussions and negotiations to reach a conclusion. This law aims to promote a certain behavioral standard, and we hope to reach a resolution.”