Islamic and Legal Investigation of Gender Approach based on tazir punishment

Document Type : Original Article

Authors

1 Department of women studies,Humanities Faculty, Tarbiat Modares University, Tehran, Iran

2 Social Science, Tehran University

3 Criminal Law and Criminology Department, Faculty of Law, Tarbiat Modares University, Tehran, Iran

Abstract

Specific physical and emotional characteristics and the different origins of crime in women require considerations for them in punishment, which must be specified in admiration, but the lack of gender segregation in the abusive use of crimes against taqsiry indicates that the necessity of this issue for lawmakers is not clear. So the question is how can we explain the necessity of gender rebellion in ta'zir crimes?

The method used in this research is a library that was compiled by studying jurisprudential texts and legal texts. In jurisprudential sources, referring to the dignity of women in Islam, the need to pay attention to the preservation of the value of women in all aspects, including obedience, is expressed. On the other hand, in the Islamic Penal Code, several discounts have been made on the amount and type of punishment for offender women. In addition, criminal offenses also have the legal capacity of a gender approach, so that the legislator takes gender stricture according to the physical, psychological and social characteristics of women and the grounds for committing them.

An overview of the principles of punishment also clarifies that, in all the principles, consideration of gender considerations is inappropriate, and it is also inconsistent to have a gender-based approach to punitive purposes. Because women will have the same criminal purpose than men with fewer penalties or even different types of punishment. Because women will have the same criminal purpose than men with fewer penalties or even different types of punishment.

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