LEGAL AND JURISPRUDENTIAL BASES OF MARITAL RAPE CRIMINALIZATION

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MIRKAMALI S.A.

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: Journal of Family Research Year:2017 | Volume:13 | Issue:51 Page(s): 389-405

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Information Journal Paper

Title

LEGAL AND JURISPRUDENTIAL BASES OF MARITAL RAPE CRIMINALIZATION

Author(s)

MIRKAMALI S.A. | Issue Writer Certificate

Keywords

MARITAL RAPEQ1

ANNAL SEXQ1

WIFE’S OBEDIENCE (TAMKIN)Q1

VIOLENCE AGAINST WOMENQ2

BEHAVING REASONABLYQ1

Abstract

Women are, due to their physical, psychological and social nature, most exposed to crime and are thus fragile against criminals. Moreover, they may be forced by their husbands and in the context of marriage to unusual sexual intercourses in environments such as home. Couples are free in having sexual intercourse, but his freedom should not be detrimental to one another. For this reason, the differential criminal protection of women through special criminalization of some behaviors is one of the ways to support women and reduce the likelihood of the commitment of crimes against them. Under the Iranian penal law, this practice has not been criminalized, while it seems that principles of Islamic jurisprudence and criminal law can help to criminalize it. This behavior along with moral values and social norms lead to persecution and harassment of the wife as well; and since Islam forbids committing the unlawful act and its perpetrator could be punished, therefore it is necessary that this immoral and aberrant behavior considered to be criminal.

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APA: Copy

MIRKAMALI, S.A.. (2017). LEGAL AND JURISPRUDENTIAL BASES OF MARITAL RAPE CRIMINALIZATION. JOURNAL OF FAMILY RESEARCH, 13(51 ), 389-405. SID. https://sid.ir/paper/122386/en

Vancouver: Copy

MIRKAMALI S.A.. LEGAL AND JURISPRUDENTIAL BASES OF MARITAL RAPE CRIMINALIZATION. JOURNAL OF FAMILY RESEARCH[Internet]. 2017;13(51 ):389-405. Available from: https://sid.ir/paper/122386/en

IEEE: Copy

S.A. MIRKAMALI, “LEGAL AND JURISPRUDENTIAL BASES OF MARITAL RAPE CRIMINALIZATION,” JOURNAL OF FAMILY RESEARCH, vol. 13, no. 51 , pp. 389–405, 2017, [Online]. Available: https://sid.ir/paper/122386/en

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