Iran’s Guardian Council has returned a chastity and hijab bill to parliament, citing ‘ambiguities’ in the legislation that has drawn criticism both at home and abroad.
Hadi Tahan Nazif, the council’s spokesman, echoed the arguments of the Expediency Discernment Council that parts of the bill were inconsistent with the ‘general policies of the legislative system’.
The draft law, which proposes severe punishments for those who oppose the compulsory hijab, was returned because of “unclear boundaries in some cases, lack of definitions for certain terms, ambiguity regarding the decisions of the Supreme Council of the Cultural Revolution, and some articles that contradict the constitution by increasing public spending or reducing public revenues without providing a way to compensate,” Nazif said.
The Guardians Council had previously questioned the definition of “immodesty”, a term frequently used in the draft law. The concept of “cultural goods” in relation to chastity and the hijab was also considered ambiguous, while some of the penalties mentioned in the bill, which refer to the “regulations of the head of the judiciary”, were considered to be in conflict with the constitution.
Parliament’s Cultural Commission has said that the issues raised by the legislation “will be resolved by amending the terms in the Judicial and Legal Commission”.
The hijab was made compulsory for women and girls over the age of 9 in 1981, two years after Iran’s Islamic revolution. The move sparked protests that were quickly crushed by the new authorities. Many women have defied the rule over the years, pushing the boundaries of what officials consider acceptable dress.
The death of Mahsa Amini, who died in police custody in September 2022 for allegedly violating the hijab, unleashed a new wave of anger across the country, presenting the Islamic regime with its biggest challenge since the revolution.
The “Women, Life, Freedom” protests and civil disobedience against the compulsory hijab have swept the country, involving tens of thousands of Iranians, many of whom were already angry about the country’s deteriorating living standards. Campaigns against the law have also been launched, although many have been pressured by the state and forced to leave the country.
The protests were also boosted by the participation of celebrities, sports stars and well-known rights activists, leading to a special mention of such luminaries in the legislation.
In the face of the unrest, some religious and government figures have repeatedly called for the government to take a tougher stance against offenders, even going so far as to encourage a ‘fire-at-will’ approach to law enforcement against non-compliant women.
While the protests have shown some signs of abating, analysts say opposition to the hijab is likely to grow as it is now seen as a symbol of the state’s oppression of women and deadly crackdown on society.