Criminal Protection of Domesticated Haram Meat Animals; from Ethical Principles to Legislative and Judicial Pathology

 Animal abuse is one of the crimes that we are witnessing more in recent years. By emphasizing the ethical principles of the necessity for criminal protection of domesticated haram meat animals, this study has discussed and criticized the legislator's approach in this regard. In addition to studying the legislative approach in dealing with the harassment of domesticated animals, the evaluation of the approach of the judicial and procedural system of the country with a pathological perspective is in the scope of the present study.

 In this research with a descriptive-analytical method and using library sources, Iran's legislative and judicial criminal policy against animal cruelty to domesticated animals has been studied.

Ethical Considerations: 

In writing the present study, while paying attention to the originality of the texts, honesty and trustworthiness have been observed.

 In today's world, according to the existing moral approaches, domestic animals, whether halal or haram meat, need respect and support. Although there are criminal rules in Iranian criminal law regarding domesticated halal meat animals, because of the value of these animals and their many uses, there are no rules regarding domesticated haram meat animals which are very vulnerable to harm due to their proximity to humans, from a criminal perspective. The lack of protective laws, as well as the shortcomings and incompleteness of Article 680 of the Islamic Penal Code, which is the only article in this law that deals exclusively with domesticated animals, has forced some judges to punish those who harm domesticated haram meat animals based on certain general articles such as Article 638. Citing this article faces important challenges and ambiguities.

 It is necessary for the legislator in the field of criminal protection of domesticated animals, especially domesticated haram meat animals, to punish those who expose these types of animals to harassment and harm by establishing the criminal regulations of leading countries, in the next amendments to the regulations, in order to fill the legal gaps in this field. Despite the great emphasis in Islamic jurisprudence on protecting the rights of animals and not harassing them, and also in spite of the strong moral foundations available to protect domestic animals, both halal and haram meat, in the current legislative policy of Iran there is no explicit punishment to protect domesticated animals, while in the legal and judicial situation of other countries, proper legislation and criminalizations have been made in this area.