The Intersection of Cultural Norms and Human Rights Law: A Qualitative Analysis of Marriage Practices

Abstract

This study aimed to explore how individuals in Tehran experience and navigate the intersection of cultural norms and human rights law within marriage practices. A qualitative research design was employed, utilizing semi-structured interviews with 14 participants selected through purposive sampling to capture diverse perspectives on marriage customs in Tehran. Participants included individuals with personal experience or professional insight into marriage practices influenced by cultural, legal, and religious frameworks. Data collection continued until theoretical saturation was reached. All interviews were audio-recorded, transcribed verbatim, and analyzed using NVivo software. A thematic analysis approach was used, following open, axial, and selective coding procedures to identify key patterns across narratives. Four main themes emerged from the data: (1) Cultural Expectations and Social Obligations, including family involvement, gendered expectations, and traditional rituals; (2) Legal Awareness and Perceived Rights, highlighting limited knowledge of legal protections, distrust of judicial institutions, and ambivalence toward international norms; (3) Gender Inequities and Power Relations, reflecting unequal agency in marital decisions and systemic barriers to legal empowerment; and (4) Transformation and Hybrid Norms, capturing the emergence of negotiated marriages, youth-led resistance, and the influence of education and social media. Participants described navigating conflicting normative systems, balancing tradition with evolving rights consciousness, and using informal strategies to assert agency. The study reveals that marriage in Tehran is shaped by the dynamic interplay of cultural tradition and human rights discourse, often resulting in tension, negotiation, or selective adaptation. Findings underscore the need for culturally grounded legal reforms, public legal education, and policies that promote gender equity while respecting cultural complexity.