Document Type : Academicm and Research
Authors
1 PhD student, criminal law and criminology, Islamic Azad University, Bushehr branch, Iran
2 Faculty of International Law Department, Islamic Azad University, Bushehr branch
3 Faculty of Criminal Law and Criminology Department, Islamic Azad University, Bushehr Branch, Iran
Abstract
In religious systems, the only absolute right is that of the divine, who alone can define or grant rights. Other rights lack intrinsic validity and are considered relative. In contrast, non-religious systems, which cannot access absolute truth, view individual will as the sole source of rights. Iranian law, grounded in Islamic principles, delineates women's rights in all personal, social, and familial contexts. This contrasts fundamentally with the ideological bases of feminist movements in various domains, including sources of law, the nature of legislation, the definition of legal values, teleology, anthropology, and ontology.
The primary question this article seeks to answer is why there are discrepancies in recognizing certain rights or criminalizing certain behaviors concerning women in Iranian statutory law compared to international documents influenced by feminist principles. The findings of this descriptive-analytical study indicate that differences in the criminalization or decriminalization of certain behaviors towards women in the family or society in Iranian legal systems versus feminist movements arise from differing foundational concepts of women's rights and social roles. While feminist movements emphasize equality and similarity in the rights of men and women without considering their nature and social functions, these philosophical differences inevitably lead to divergent criminal policies in the two systems.
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