A recent article in the Connecticut Journal of International Law offers a unique perspective on women’s lives in Iran before the spread of Islam, examining the evolution of veiling laws throughout Iranian history. The article sheds light on an issue that has sparked some of the most significant protests in Iran’s modern history: the legal headscarf mandate.
While many Islamic countries allow women to choose whether or not to veil, Iran remains one of the few nations where being unveiled is criminalized. This strict enforcement of the practice has faced growing opposition, as demonstrated by the widespread protests that have marked the last decade. The Iranian people have made it abundantly clear that they reject autocratic rule and, in particular, the religious mandates being imposed upon them.
One recurring theme of these protests is nostalgia for the more secular Iran that existed prior to the 1979 Islamic Revolution, where women and men reportedly lived with greater equality. Protesters often share imagery and memories of pre-revolutionary Iran, which was a country known not only for its vibrant culture, historical landmarks, and warm hospitality, but also for its modernity and progressive societal norms.
The revolution brought profound changes to Iran by introducing:
- A less equitable society for women;
- A legal system heavily influenced by Islamic law;
- Economic stagnation (halting what had been steady growth);
- A shift from being a Western ally and tourist-friendly destination to a religiously driven pariah state;
- Hyperinflation and economic instability;
- A male-centric societal structure;
- A foreign policy mired in controversy;
- And, perhaps most divisively, legal mandates for women to veil.
Proponents of a free Iran often reflect on the Reza Pahlavi era, which they view as a time of secularism and progress. Even more frequently, these individuals look back with pride at Iran’s imperial history, referencing the strength of the ancient Persian empires. Iranians celebrate their country’s long-standing historical achievements, such as Cyrus the Great’s declaration of human rights, an early commitment to gender equity, and a society in which women were free to appear in public without covering their heads.
The law review article, “Veiling Laws Throughout Iranian History: The Relationship to Religion, Before and During Islamic Law”, traces the evolution of veiling laws in Iran, offering valuable insights into their historical and societal implications.
Today, Iran mandates the hijab, with women being subject to harassment and arrest by the morality police, who often operate checkpoints to enforce compliance. In recent years, the death of Mahsa Amini, a young woman who was beaten during her time in custody for allegedly wearing an “improper” hijab, ignited international outrage. Her tragic case highlights how veiling has become a powerful instrument of control in Iran. Women who choose not to veil are often targeted by authorities and face discrimination their daily lives, including from business owners and others. Conversely, those who comply are viewed more favorably by the regime.
The issue of mandatory veiling has sparked widespread protests and sustained demands for freedom, reflecting decades of discontent. Many Iranians draw historical comparisons, referencing the Zoroastrian era, particularly the Sasanian period, when women were often depicted veiled in sculptures and paintings. However, veiling practices during this era were not tied to religious mandates in the same way they are today. These references illustrate a broader cultural and historical narrative, underscoring the complex evolution of veiling in Iranian society before and after the advent of Islam.
Cropped form Mosaic at Bishapur of a musician playing an angular harp – Unknown Name –
Unknown Source/Wikipedia
The article reveals that women in Zoroastrian Iran, particularly those who lived during the Sasanian period, did indeed practice veiling; however, this practice was not necessarily rooted in religion. Much of the jurisprudence from the Sasanian Zoroastrian era has been lost, leaving only fragments of historical insight. With that said, these fragments suggest that veiling was more of a way to demonstrate one’s social standing rather than a form of religious devotion.
According to the article, veiling was permitted only for upper-class women, while lower-class women were expressly prohibited from veiling. This distinction indicates that veiling served as a marker of privilege and social stratification in Zoroastrian Iran rather than as a means of adherence to religious doctrine. Although there does not appear to be a direct link to Zoroastrian religious texts, the practice may have stemmed from societal or cultural values rooted in the male-dominated structure of the time. What was then a symbol of privilege and status would now be considered regressive and incompatible with modern ideals of gender equality.
The history of veiling in Iran tells a complex story of a practice that began as a reflection of social stratification and evolved into a symbol of religious authoritarianism. While the veil was once a privilege for a select few, it has now become a burden for many that is enforced through systemic discrimination.