The effect of women’s gender on the evidence of the rules of limits and punishments from the perspective of jurisprudence and the subject law of Iran.
- Author:
- Javad Khosravi
- Level:
- Ph.D
- Field of study:
- women Studies
- Language:
- Farsi
- Faculty:
- Faculty of Woman and Family
- Year:
- 2021
- Publisher:
- URD Press
- Supervisor(s):
- Javad Habibi Tabar
- Advisor(s):
- Azam Khosh Sourat Movafagh
What is done in the punishment of crimes that cause limit or non-limit should not be related to genderAnd the crime can be planned regardless of the sex of the offender, but after reflecting on the jurisprudential texts and the law of Iran in terms of limited punishments, gender differences in the amount of punishment and how it is applied can be seen, which is the place of reflection and analysis in this article.
From the point of view of jurisprudence and law, the general rule is based on the premise that women’s gender has no effect on their criminal responsibility and does not inherently reduce or intensify this type of responsibility in legislation and punishment, so women are the same as men in criminal penalties..
But in the case of punishments and punishments such as execution, flogging, exile and defamation, gender can have an effect and there is a difference between men and women. The legislature, taking into account the gender of a woman or a man in a specific or common crime, has determined the amount and quantity of punishment at the time of enactment, which is more severe and more severe than one sex and lighter than another.
Or allowed one of them to commit a crime but did not allow the other to do so (observes the possibility of murder on the bed).
In this study, the effect of women’s gender in marginal and ta’zir punishments has been studied, and the cases of mitigation and differences in regulations and punishments between men and women have been dealt with separately. Have an impact And there is a difference between men and women. The type of research in this applied research and descriptive-analytical research method is based on library studies as well as the use of Internet resources and scientific software.
The effect of women’s gender on the evidence of the rules of limits and punishments from the perspective of jurisprudence and the subject law of Iran.