Jurisprudential - legal studies of woman and family

Jurisprudential - legal studies of woman and family

Legal jurisprudential study of the effect of women's gender in the punishment of murder in rape

Document Type : Original Article

Authors
javad khosravi 1
javad habibitabar 2
Azam Khoshsurat Mowaffagh 3
1 PhD Student in Women's Studies, University of Religions and Denominations, Qom, Iran
2 Associate Professor, Department of Jurisprudence and Judicial Law, Al-Mustafa International University, Qom, Iran
3 Assistant Professor, Department of Women and Family Studies, University of Religions and Denominations, Qom, Iran
Abstract
What is realized in the punishment of crimes, both partial and partial, does not refer to gender and the sex of the crime can be proposed regardless of the sex of the offender, but after considering the jurisprudential texts and Iranian law on partial punishment for murder, there are gender differences in the amount of punishment. It is obvious that this article is a place of reflection and analysis. From the point of view of jurisprudence and law, the general rule is based on the reduce or intensify this type of responsibility in legislation and punishment, so women are the same as men But in the case of punishments and punishments such as murder, gender can be effective.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 less severe for one sex and less for another. In this article, the effect of women's gender in the punishment of murder has been studied and the cases of mitigation and the difference between the rules and punishments of men and women have been discussed separately.
Keywords
Gender
limits
jurisprudence
subject law
murder
The Holy Quran
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Jurisprudential - legal studies of woman and family
Volume 5, Issue 9 - Serial Number 9
September 2022
Pages 7-26

  • Receive Date 21 November 2021
  • Revise Date 21 January 2022
  • Accept Date 08 February 2022