A Jurisprudential and Legal Analysis of Guardianship over the Person of Women: A Human Dignity and Individual Autonomy-Based Approach in Light of Human Rights

Abstract

The present study was conducted with the aim of examining and comparatively analyzing the institution of “guardianship over the person” (wilāyah ʿalā al-nafs) concerning women in Imami (Ja‘fari) jurisprudence and Iranian law, and assessing it in relation to the fundamental principles of human rights, particularly the concepts of human dignity and individual autonomy. The research adopts a descriptive-analytical methodology. It investigates the issue of guardianship over women from the perspectives of Imami jurisprudence, Iranian positive law (with consideration of statutory provisions and judicial practice), and international human rights instruments and standards, including the Universal Declaration of Human Rights and relevant international covenants. Legal analyses reveal that considerable disagreements exist among legal scholars and commentators on the Iranian Civil Code regarding the interpretation and implementation of rules governing guardianship over women, particularly in matters concerning the designation of a legal guardian or the requirement of a guardian’s consent for the marriage of an adult and intellectually mature woman. These divergent viewpoints reflect the variety of approaches toward reconciling traditional concepts of guardianship with modern principles of individual autonomy and self-determination. From a human rights perspective, regulations governing guardianship over women have likewise been subject to debate and varying interpretations among scholars and human rights institutions. This issue has generated challenges concerning full compatibility with the concepts of inherent human dignity and the right to individual self-determination. The findings of this study indicate that certain traditional juristic rulings and prevailing legal interpretations—particularly in the realm of personal decision-making and the marriage of adult and competent women—have come under challenge when evaluated against the spirit of human dignity and individual autonomy embodied in human rights norms, and even in light of rationalist approaches and the objectives of the Sharīʿah (maqāṣid al-sharīʿah) within Imami jurisprudence. Accordingly, the study emphasizes the necessity of re-examining and reinterpreting juristic evidence through ijtihād-based methodologies, with greater reliance on contemporary interpretive tools and consideration of changing social circumstances. It also highlights the importance of legislative reforms grounded in human dignity and personal autonomy in order to achieve greater conformity between the Iranian legal system and international human rights standards. It should be noted that Iranian civil law generally recognizes guardianship over the person of women; however, it also provides for certain exceptions to this principle.