Quran and Medicine

Quran and Medicine

Basics of the impact of gender in crimes against individuals in Shia Islamic jurisprudence, verses of the Qur'an and Iranian law

Document Type : Original Article

Authors
1 PhD student, Department of Criminal Law and Criminology, Semnan Branch, Islamic Azad University, Semnan, Iran.
2 Assistant Professor, Department of Law, Hazrat Masoumeh University, Qom, Iran
3 Assistant Professor, Department of Criminal Law and Criminology, Andimshek Branch, Islamic Azad University, Andimshek, Iran.
Abstract
The present article with the title "Basics of the effect of gender in crimes against persons in Shia Islamic jurisprudence, verses of the Qur'an and Iranian law" aims to explain the effect of gender in crimes against persons and jurisprudential and legal approaches regarding considerations and gender differences between men and women in law. . In this research, an analytical-descriptive method has been used to analyze and investigate the effect of gender in this type of crime. In the perspective of Islamic law, men and women are completely different from each other in terms of development. Due to these developmental differences, their legal similarity is not possible. The fact that men and women share the ultimate goal of creation does not mean that their duties are completely similar to each other. Therefore, what is related to humanity is available in both groups, and what is related to gender, i.e. femininity and masculinity, is exclusive to the same category. Based on this, the divine task, which requires knowledge, power and authority, belongs to all human beings and is not assigned to a specific gender. The results of the research showed that there are differences in the sentences for crimes against the physical integrity of persons according to gender, the most important examples of which are the condition of men's retribution against women to pay half of the man's full dowry or the inequality of the dowry of men and women in the case of injuries requiring excess dowry. On one third of the complete dowry or the termination of the father's retribution in case of killing the child, while this ruling does not apply to the mother.
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