جستجوی مقالات مرتبط با کلیدواژه "tazir crime" در نشریات گروه "فقه و حقوق"

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.

As women's crime rates increase, gender equality is important in punishing offenses. Therefore, the issues affecting the punishment of women's crimes, including the will to commit a crime and the consequences of the punishment, are addressed. Structural stress theory and role concept are used to investigate these issues. The research method is qualitative through semi-open interviews with four groups of religious scholars, judges and lawyers, criminal law students and women's rights activists. The structural pressure that is exerted on women in different situations provides a passive will and provides them with the opportunity to commit a crime. On the other hand, punishments have more severe consequences, such as physical and mental problems, family and social exclusion for women. These conditions necessitate the application of a supportive approach to punishment, such as a reduction in the type and amount of punishment, the complete abolition of certain penalties and so on.