Contrary to the claim of the existence of gender discrimination in the laws of criminal systems, the Islamic penal system, along with a wide set of legal similarities, has considered distinctions between male and female criminals, which are based on a kind of friendly orientation as required by justice. and is strongly protective towards women. The differential criminal policy of Islam, with an in-depth view and considering the different conditions and situations of female criminals, has sometimes provided reasons for reducing or exempting women from punishment. The current research, with a descriptive-analytical method and data collection in a library method, is trying to investigate the jurisprudential-legal foundations of differential punishment in the crime of adultery. Therefore, in the upcoming research, the existing differences between the punishment of men and women in involuntary adultery, adultery with minors, virgin adultery and adultery with the mother's father and mother's husband have been analyzed separately from the point of view of legal jurisprudence.