Citation

Nemati Z, Farajiha M. Women Stud. 2023; 13(42): 187-221.

Copyright

(Copyright © 2023, Institute for Humanities and Cultural Studies)

DOI

10.30465/ws.2021.38328.3390

PMID

unavailable

Abstract

Sexual violence perpetrated by the husband is one of prevalent forms of domestic violence. Women victims of marital sexual violence take action for divorce. Because the law does not recognize sexual violence as a legitimate reason for divorce, they file Osro-Haraj lawsuits. Because the legislature has left the determination for such cases to judicial interpretation, there is rampant disagreement among judges. The purpose of this study is to determine what factors influence judicial interpretations of Osro-Haraj in divorce cases due to marital sexual violence. To find the answer to this question, the case study method was utilized, including in-depth interviews with 10 judges, 10 lawyers and 35 victims, content analysis of verdicts and non-participatory observation by attending court hearings. The findings reveal that judicial interpretations are influenced by factors such as the judicial stereotypes, policies that aim to keep divorce statistics low, the male-dominated nature of family courts, the wife's reluctance to forgo dowry, etc. The above-stipulated factors preclude the judicial system from recognizing marital sexual violence as a form of Osro-Haraj. In addition to amending and revising the divorce laws, protection of martial violence victims requires a transformation in the male-dominated nature of the courts by appointing female judges.