نوع مقاله : مقاله علمی پژوهشی
نویسندگان
1 استادیار گروه فقه و حقوق اسلامی، دانشگاه تبریز، تبریز. ایران
2 دانشجوی دکتری فقه و مبانی حقوق اسلامی دانشگاه تبریز، تبریز. ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The principle of equality of persons before the law is accepted under Clause 14 of Article 3 of the Constitution, but the Islamic Penal Code Adopted on 2013 has considered gender to be involved, in accordance with Imamiyya jurisprudence in the implementation of some punishments, including Ḥudūd. There are many differences in the punishment of Ḥadd of Zināʾ (Arabic: حَدّ الزِّنا, the fixed punishment for adultery) which is considered in this article based on the conditions and the quality of the execution of Ḥadd of Zināʾ. Considering that the effect of gender in punishing individuals is against the principle of equality under the law, therefore, proving it requires strong justifications and the main reason for these inequalities is the observance of the interests of the parties regardless of the narrations (aḥādīth) that has been included in some instances. Therefore, it has been tried in this research by descriptive analytical method and citing library sources with examining the concept of “equality” in Islam, as well as examining the verses of the Holy Book of Quran and examining the position of gender equality in the relevant verses, as well as the cases of inequality in conditions and quality of the execution of Ḥadd of Zināʾ in the law, the views of the Shīʿite jurists and the arguments presented by each one to be examined to determine the extent of the legislature’s consideration in the interests of the parties. It becomes clear by considering these views that gender inequality has been only in some instances affirmative and is in accordance with the interests of both parties and in other cases that the possibility of coercion towards man for adultery, affirmative sentence of the death penalty for adultery with the mother’s husband and the inequality in the definition provided in state of being married (Arabic: اِحْصان, Iḥṣān) is not in line with their interests.
کلیدواژهها [English]
قرآن کریم
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