Journal of Criminal Law and Criminology

Journal of Criminal Law and Criminology

Differential Approach of Islamic Jurisprudence and Positive Criminal Law in Iran to Crimes Against Chastity within the Gender Justice System

Document Type : Original Article

Authors
1 Associate Professor، Department of Islamic jurisprudence ، Faculty of Theology and Islamic sciences ،Tabriz university ،Tabriz،Iran
2 Doctoral student of Fiqh and Islamic law basics ،Faculty of Theology and Islamic sciences ،Tabriz university ،Tabriz،Iran
Abstract
In this research, the gender approach of jurisprudence and law in the field of differential criminal proceedings in crimes against chastity has been investigated with a descriptive-analytical method. Iranian criminal law inspired by the rulings and teachings of penal jurisprudence in crimes against chastity, not directly based on gender-oriented ideas, but in general based on the principle of covering up guilt, prohibiting the spread of prostitution and mitigation, has established a distinct procedure that has effects And there are many challenges. The criminal policy of proceedings in crimes against chastity is based on the general rule of prohibition of prosecution and investigation and the direct jurisdiction of the court, along with the non-interference of the prosecutor's office and judicial officers in the matter of discovery, prosecution and investigation, preventing the confession of the perpetrator and limiting the denial of the accused by not investigating the affairs. Concealing the case and resorting to scientific evidence and strictness in proving the crime by establishing a privileged Sharia evidence system, as well as creating some restrictions on access to documents, papers and the contents of the case and prohibiting the presence of non-governmental organizations supporting the rights of women victims and serving the indictment in person. It can be concluded that in crimes against chastity, the protection of the honor and dignity of the perpetrators of the crime and the principle of victimization is preferable to any criminal policy that is implemented in comparison to other crimes.
Keywords

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