Musa Berzin: The New Hijab Law Increases Penalties and Legalizes Previously Illegal Punishments

Alirza Quluncu, Voice of America, December 07, 2024

Musa Berzin, human rights lawyer

The Speaker of the Iranian Parliament, Mohammad Bagher Ghalibaf, has announced that the process for implementing the new hijab law will begin on December 13. Lawyer Musa Berzin spoke to Voice of America about the penalties, restrictions, and incentives outlined in the law known as "Hijab and Chastity."

The "Hijab and Chastity" law, which has sparked intense protests both domestically and internationally, has also faced opposition from within the government. Iranian President Masoud Pezeshkian’s objection to the new law has angered hardline politicians and religious scholars. The representative of the Iranian leadership in Khorasan, Ayatollah Ahmad Alamolhoda, criticized Pezeshkian, saying, "As president, you cannot say that you cannot implement this law!"

Musa Berzin believes that if there is significant opposition to the hijab law, its implementation could be delayed, or negotiations for reforms could take place.

The lawyer emphasizes that the new law is significantly different from the existing one.

According to Berzin, "Under Iran’s current Penal Code, women who appear in public without the Islamic hijab face fines. These fines were typically around one million or one and a half million tomans. However, after the protests, they thought these fines were too small. But there was no law to impose additional punishments. So, they resorted to illegal actions through the Ministry of the Interior and other agencies. For example, they would impound cars with women passengers not wearing the hijab. If women not adhering to the hijab were seen in a shop, the shop would be closed. Such actions were carried out."

Berzin explains that under the new law, women who do not comply with the mandatory hijab will face harsher punishments, while those who adhere to the hijab will receive incentives as determined by the authorities:

"After the protests, there was a lot of opposition to the illegally imposed penalties. So, they decided to legalize these actions and increase the penalties. Not only are the penalties increased, but the new law also gives preferences to those who comply with the hijab in government agencies, employment, and projects. They came up with a new law that not only increased the penalties but also legalized the actions that were previously carried out illegally."

The human rights lawyer stresses that the penalties outlined in the law are highly disproportionate. He says, "They view those who violate the hijab rules as not just violating Sharia rules, but as threatening the country's political order and security. Therefore, we see that the penalties specified in the new law are truly disproportionate to the act itself. There are heavy fines and prison sentences included. These are not legally acceptable."

Musa Berzin also points out that the new law is not only about penalties and incentives. He adds, "For example, they have said that municipalities and other organizations will separate public spaces as much as possible into male and female areas. They have allocated budgets for this. For instance, municipalities have been instructed to separate buses and parks. Even for universities, they have said that, as much as possible, girls and boys must be separated. They haven't spared newborns either. They’ve said that children's toys and accessories should be monitored and must be produced in accordance with this law. According to their view, the law will also prevent the production or import of clothing that does not comply with Sharia.”


Link to the original interview in Turkish on the Azerbaijani section of Voice of America:
Musa Bərzin: Yeni hicab qanunu ilə həm cəzalar artır, həm də öncədən tətbiq edilən qeyri-qanuni cəzalar qanuniləşir