Conversion Under Constraint: Legal Barriers and the Fragility of Christian Marriages Among Muslim Converts in Iran

Religious conversion in contexts where Islam is the dominant legal and cultural framework often involves a complex interplay of spiritual, social, and legal challenges. In the Islamic Republic of Iran, the legal barriers faced by Believers of Muslim Background (BMBs) who convert to Christianity significantly hinder their ability to practice their faith and integrate their Christian beliefs into their daily lives. Among these barriers, the challenges surrounding marriage are particularly acute, as they expose a duality in Iranian law: the simultaneous recognition of converts as Muslims while denying them the rights afforded to Muslims. This duality generates uncertainty and frustration, influencing religious deconversion, legal persecution, and the stability of marriages involving Christian converts.

This paper examines how legal challenges undermine the religious identity and rights of Iranian BMBs in the realm of marriage, creating a hostile environment that often compels reconversion to Islam or forces individuals to lead clandestine lives of faith. Drawing on the case of Sam and Maryam, a Christian couple who lost custody of their adopted daughter due to their conversion, this study highlights the intersection of legal ambiguities and religious discrimination. It argues that these legal hurdles not only perpetuate systemic injustice but also act as significant barriers to religious conversion in Iran, particularly among women, who are disproportionately affected.

The paper begins by situating the discussion within Iran’s legal framework, which intertwines Sharia law with the state’s constitutional and civil codes. Despite claims of religious equality, the Iranian government does not legally recognize conversions from Islam, placing BMBs in a precarious position. While officially categorized as Muslims, they are systematically excluded from the rights and protections granted to Muslim citizens. For BMBs, marriage contracts, divorce, child custody, inheritance, and even birth registrations become fraught with legal and ethical dilemmas.

In marriage, BMBs must adhere to Islamic rites for legal recognition, which imposes obligations that contradict their Christian values. For instance, the husband’s authority, unilateral divorce rights, and child custody laws reflect Islamic teachings that may not align with the Christian principles of mutual respect and equality embraced by converts. Furthermore, Islamic inheritance laws deny non-Muslims the right to inherit from Muslims, leaving BMB families vulnerable to financial instability. These legal structures compel many BMBs to conceal their faith or revert to Islam, undermining their spiritual integrity and emotional well-being.

The analysis extends to the psychological and social toll of these legal challenges, particularly for women. BMB women face compounded vulnerabilities, as their legal status limits their agency in marriage, divorce, and child custody. Apostasy laws annul marriages if one spouse converts, stripping women of their rights to financial maintenance and legal recourse. Moreover, the custody of children often defaults to the Muslim parent, penalizing women who leave Islam. These dynamics, rooted in patriarchal interpretations of Sharia law, perpetuate gendered oppression and create an environment where religious conversion becomes a source of profound personal and communal conflict.

This paper adopts an interdisciplinary approach, incorporating insights from legal studies, sociology, and theology to provide a nuanced understanding of the relationship between faith, law, and gender in the context of religious conversion. It situates the Iranian case within broader theories of conversion, deconversion, and the consequences of religious transformations in restrictive environments. By focusing on the experiences of Christian BMBs, it contributes to the broader discourse on the implications of legal and cultural frameworks for religious freedom and human rights.

By highlighting the lived realities of Iranian BMBs, this paper seeks to illuminate the broader implications of legal barriers for religious conversion. It underscores the need for interdisciplinary scholarship that bridges theology, law, and human rights to address the challenges faced by converts in oppressive contexts.

Endnotes:

1. Mir-Hosseini, Ziba. Marriage on Trial: A Study of Islamic Family Law. New York: St. Martin's Press, 1993.
2. Azam, Hina. "Reviews of Books: The Islamic Marriage Contract: Case Studies in Islamic Family Law." Journal of the American Oriental Society 130, no. 3 (2008): 465–467.
3. United States Department of State. 2021 International Religious Freedom Report: Iran. Accessed September 22, 2024. https://www.state.gov/reports/2021-report-on-international-religious-freedom/iran/.
4. Barnabas Aid. "Iranian Lawyers Criticise Decision Denying Christian Converts Custody of Adopted Daughter." 2020. https://www.barnabasaid.org/.
5. Rahbari, Ladan. "Marriage, Parentage and Child Registration in Iran: Legal Status of Children of Unmarried Parents." Social Sciences 11, no. 3 (2022): 1-18.