Criminal Law and Criminology
Ismail Qamari; Nahid Moradizadeh
Abstract
Among the obligations of Islamic religion and Sharia, Hijab has become a mandatory law for females with diverse beliefs in our society besides its religious facet. In criminal law, freedom is different based on adopted criminal policy by each state relevant to delinquency. Based on Article 4 of the Constitution, ...
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Among the obligations of Islamic religion and Sharia, Hijab has become a mandatory law for females with diverse beliefs in our society besides its religious facet. In criminal law, freedom is different based on adopted criminal policy by each state relevant to delinquency. Based on Article 4 of the Constitution, the general policy of Iran's legal and social context must rely on Islamic codes; the legislator has placed Sharia wearing under legal (criminal) protection. The presuppositions based on state social responsibilities to protect structural values, their observance, and preserve social ethics as macro-principles, and belief in hijab preventive side of victimization in some crimes, awareness, and security provision in females as a psychological basis in wisdom foundations, prompted the legislator to link female hijab with criminal law. Through descriptive and analytical analysis, this article examined legal principles of criminal intervention for hijab through verses, traditions, and legal sources. Based on the results, hijab sharia ruling has a social entity examined by legal requirements. The essential basis for hijab in administrative law is recruitment regulations and relevant conditions, while non-hijab is a violation resulting in discretionary correction. Having no hijab is not inherently criminal in civil rights (under other criminal titles), and its criminal examination is incorrect with religious, political, and social outcomes. Accordingly, legal and judicial system of Islamic Republic of Iran should observe non-hijab as a social harm
Criminal Law and Criminology
Parniyan Fallahian; Mohammad Ali Kafaeifar
Abstract
It is noteworthy that; Through the investigations, it was found that although extensive research has been done in the field of women's rights and many books and articles have been written. However, so far, no independent and comprehensive research has been conducted to examine (the pathology of women's ...
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It is noteworthy that; Through the investigations, it was found that although extensive research has been done in the field of women's rights and many books and articles have been written. However, so far, no independent and comprehensive research has been conducted to examine (the pathology of women's rights in the criminal justice system), and in previous researches, this issue has been addressed in a scattered and limited manner; And therefore, we are still facing a research gap regarding the subject under investigation; This justifies the necessity of conducting the present research. The findings of the research showed that the protections of the criminal law for women's rights can be examined in the form of the following cases: delay in the execution of punishment; Exemption from bearing dowry in crimes of pure fault (exemption of women from paying dowry in crimes of pure fault); Criminal protection for women in case of leaving alimony and criminal protection for women in the case of testifying. also; The legal gaps of women's rights in Iran's criminal justice system can be examined in the form of the following: women's rights regarding the proportionality of the age of criminal responsibility with reality (age of absolute and relative criminal responsibility; gradual criminal responsibility in jurisprudence and domestic laws); Absence of necessary legal protections regarding domestic violence against women and legal gaps in formal laws
