Document Type : Original Article
Authors
1
PhD student, Department of Criminal Law and Criminology, Khuzestan Science and Research Campus, Islamic Azad University, Ahvaz, Iran.
2
Assistant Professor, Department of Law, Andimshek Branch, Islamic Azad University, Andimshek, Iran.
3
Assistant Professor, Department of Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran.
Abstract
Sexual violence is one of the forms of violation of human rights and one of the most common examples of crimes against women, which is considered as one of the major cultural, social, economic and political problems of societies. The increase in the occurrence of this ominous phenomenon and its diversity on the one hand, and the existence of fundamental obstacles and challenges facing women victims of sexual violence in asserting their rights, on the other hand, have led the legal systems of the world to deal with this upward trend and reduce it. show various reactions; One of the most common reactions in Iran's criminal law can be the establishment of effective criminal laws and regulations. It is obvious that achieving this goal except in the light of revision, amendment and adjustment of the laws through recognition and comparison with other pioneer criminal systems in the field of combating sexual crimes and modeling of legal strengths and constructive solutions is conditional on having the necessary compatibility with cultural principles and values. And it is not possible to be accepted by the society and leave the weak points aside. The results show that the Holy Quran has not approved sexual violence against women in any case, but in many cases, it has blamed and condemned it in a harsh tone. The only case that at first sight can be considered as a proof of the confirmation of violence is the verse of Nashuz, which is discussed in the second axis. By reflecting more closely on the conditions and aspects of the prescription of beating an unruly woman in the mentioned verse, it became clear that this prescription is not about sexual violence against a woman, but about the legal punishment that the husband does not as a husband, but as a law enforcer if there are conditions Especially, it will be applied, and it will remove the woman's unfaithfulness with the least cost, but if none of the conditions are present, the husband's action in this regard is considered haram and a crime, or it may even result in legal prosecution.
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