Analysis of jurisprudential and legal principles of criminalizing violence against women

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Sheykh Bahaei Jamal Aldin Mohammad; Bahrami Nezhad Ali; BAHRAMI KHOSHKAR MOHAMMAD

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Journal: Medical Law Year:2021 | Volume:15 | Issue:Special Issue on Legal Innovation Page(s): 147-163

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Information Journal Paper

Title

Analysis of jurisprudential and legal principles of criminalizing violence against women

Author(s)

Sheykh Bahaei Jamal Aldin Mohammad | Bahrami Nezhad Ali | BAHRAMI KHOSHKAR MOHAMMAD | Issue Writer Certificate

Keywords

Violence Against WomenQ1

Crimes Against the FamilyQ1

Principles of CriminologyQ1

Social OrderQ1

Abstract

Background and Aim: Violence Against Women is an unpleasant phenomenon that occurs in various forms such as physical, psychological, social, economic, cultural and sexual violence, and addressing this issue is inevitable. Although the legislature has explained and legislated the provisions in the criminal law, it has not paid attention to it in the family protection law. Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. Results: The research findings showed that, firstly, in different legal regimes, there are common criteria for criminalizing family crimes. Second, in order for criminology to be effective, this process must be in harmony with the social, cultural, religious, and moral values and morals of individuals in society. Finally, in the field of the legitimacy of criminalizing violence against the wife, we can refer to jurisprudential principles such as verses and hadiths that explicitly condemn or prohibit violence against the wife. Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Conclusion: In the field of the legitimacy of criminalizing violence against the wife as one of the important crimes in the field of family, we can refer to valid jurisprudential principles; Verses from the Holy Quran as well as the narrations of the Infallibles (AS) have also confirmed the claim that they explicitly condemn violence against the wife and in some cases boycott it, and even in some cases such as the wife's qazf, the husband deserves the punishment of hade qazf. It is a kind of severe corporal punishment.

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APA: Copy

Sheykh Bahaei, Jamal Aldin Mohammad, Bahrami Nezhad, Ali, & BAHRAMI KHOSHKAR, MOHAMMAD. (2021). Analysis of jurisprudential and legal principles of criminalizing violence against women. MEDICAL LAW, 15(Special Issue on Legal Innovation ), 147-163. SID. https://sid.ir/paper/409756/en

Vancouver: Copy

Sheykh Bahaei Jamal Aldin Mohammad, Bahrami Nezhad Ali, BAHRAMI KHOSHKAR MOHAMMAD. Analysis of jurisprudential and legal principles of criminalizing violence against women. MEDICAL LAW[Internet]. 2021;15(Special Issue on Legal Innovation ):147-163. Available from: https://sid.ir/paper/409756/en

IEEE: Copy

Jamal Aldin Mohammad Sheykh Bahaei, Ali Bahrami Nezhad, and MOHAMMAD BAHRAMI KHOSHKAR, “Analysis of jurisprudential and legal principles of criminalizing violence against women,” MEDICAL LAW, vol. 15, no. Special Issue on Legal Innovation , pp. 147–163, 2021, [Online]. Available: https://sid.ir/paper/409756/en

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