Abstract
Social change under authoritarian regimes is achieved through unconventional means of
legal mobilization. Socio-legal scholarship on authoritarian regimes suggests that as states and
legal systems gradually democratize, local actors gain at most a court of public opinion and an
increase in consciousness about the law and their rights.
1 Within this field, scholarship on Iran
engages with unintended outcomes of an Islamico-civil legal system2 where everyday actors
contribute to social change through a ‘collective presence.’3 This paper brings to light the power
of the collective presence of Iranian practitioners of white marriage (cohabitation) in influencing
official discourses and debates at the clerical level. Using data collected from 14 months of
ethnographic fieldwork in Iran, this paper will examine the interviews I conducted with clerics
and seminary scholars in Qom, about the emergence of white marriages, the existing institutions
of temporary and permanent marriage, and women’s rights in conjugal relationships broadly.
Some of the seminary scholars are women who engage in a collective “rereading” of the Quran
on the grounds that Islamic jurisprudence is dynamic and must be revised for expediency. I
triangulate these interviews with major concerns raised about the challenges of women’s rights
in Islamic jurisprudence at a conference of clerics that I attended. These discussions reveal the
power that practitioners of white marriage exercise through their collective presence, where their
unsanctioned conjugal practices permeate contemporary Shi`i Islamic debates about gender. The
pervasiveness of white marriage in these official Iranian discourses is a response to an
unconventional movement in an Islamic republic where clerical debates influence gender laws
and lead to incremental social change.
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