Critical Review of Legislative Policies in Iran Regarding the Maternal Role after Divorce

Abstract

Divorce, as one of the most significant familial crises, transforms the structure of parental duties and rights toward children. Within this transformation, the maternal role—which prior to divorce was characterized by natural, emotional, and social coherence—faces multiple legal and legislative obstacles in the post-divorce context. The Iranian legislator’s policy in the Family Protection Act, particularly in its 2012 enactment, demonstrates a focus on custody as the primary manifestation of motherhood, while other essential aspects such as participation in daily decision-making, education, supervision, and even breastfeeding have either been neglected or marginalized. This article employs a descriptive–analytical method and draws upon jurisprudential, legal, and comparative sources to conduct a critical examination of the legislative policies in this area. The findings indicate that the Iranian legislature has failed to adopt a comprehensive approach toward the maternal role after divorce. In practice, by reducing this role to custody and visitation, the legislature has distanced itself from realizing gender justice, the best interests of the child, and structural coherence following the disintegration of the family. In conclusion, the article offers legislative reform proposals emphasizing the recognition and reinforcement of the overlooked maternal roles.