Analysis of jurisprudential teachings in assessing the feasibility of decriminalizing improper hijab

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Solimanzadeh Parinaz; Parvizifard Ayatollah; Karami Dovod

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Paper Information

Journal: Journal of Law and Political Studies Year:2024 | Volume:4 | Issue:4 Page(s): 647-668

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Title

Analysis of jurisprudential teachings in assessing the feasibility of decriminalizing improper hijab

Author(s)

Solimanzadeh Parinaz | Parvizifard Ayatollah | Karami Dovod | Issue Writer Certificate

Keywords

decriminalization

Improper Hijab

Islamic Jurisprudence

Criminal policy

enjoining good and forbidding evil

Abstract

The issue of hijab and its obligation to observe it in the Iranian legal system has always been one of the challenging issues in the field of criminal law and Islamic Jurisprudence. Focusing on jurisprudential teachings, this research examines the feasibility of decriminalizing Improper Hijab and attempts to examine the Sharia and jurisprudential foundations related to the obligation to wear hijab and the extent to which it complies with criminalization policies. To this end, the concept of Improper Hijab is first explained from a jurisprudential and legal perspective, and then the foundations of its criminalization are analyzed within the framework of jurisprudential rules such as “enjoining the good and forbidding the evil,” “the rule of no harm,” and “maintaining public order.” The results of the research show that in Islamic Jurisprudence, the obligation to wear hijab has multiple aspects, including individual, social, and moral, and its criminalization can be justified based on some jurisprudential principles. However, a comparative study with other legal systems and an analysis of the requirements of time and place in dynamic jurisprudence raise the possibility of adopting alternative approaches, including cultural and social measures. Finally, this article suggests that policymaking in the field of hijab can be guided by jurisprudential principles such as “tolerance in punishments” and “the rule of repelling corruption with corruption” towards modifying criminalization and using restorative and preventive approaches.

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