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A comparative study of the crime of adultery and rape in the criminal laws of Muslim countries (Case study of Iran, Pakistan and Yemen)
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Jalal Ghiasi1    , Maryam Azhdarikousha2 |
1- Assocaite Professor, Department of Criminal Law and Criminology, University of Qom, Qom, Iran.
2- Ph.D. Student in Criminal Law and Criminology, University of Qom, Qom, Iran. (Corresponding Author) |
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Abstract: (575 Views) |
Background and Purpose: The sacred institution of the family as the fundamental unit of society has a special place in Islamic law. Illegitimate relationships, just as they are effective in the decline and collapse of the family, also play a significant role in preventing the formation of a family. Due to the importance of the bad results of illicit relationships in weakening the expression of the family in the criminal regulations of Islamic countries, adultery and its related crimes have been criminalized from the first crimes and the punishments have been determined as physical and heavy. The comparative study of the regulations of Muslim countries in this field leads us to the strengths and weaknesses of Iran's penal regulations in the investigation of the mentioned crimes.
Materials and Methods: The method of this research is descriptive-analytical.
Ethical Considerations: All ethical principles governing research have been observed in the presentation of this article.
Findings and Conclusions: The examination of these three legal systems shows that although there are similarities between all three countries in examining the crime of adultery and rape; but there are also differences in the elements of the crime, the evidence of proof and the quality of adherence to it, as well as the punishment. These differences affect the scope and narrowness of the criminal responsibility of the perpetrators of these crimes. Due to the severity of punishment for the mentioned crimes, through this comparative study, suggestions have been made to amend the Islamic Penal Code of Iran. |
Article number: 4 |
| Keywords: Adultery, Rape, Ihsan, Hadd. |
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Full-Text [PDF 382 kb]
(437 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2024/01/7 | Revised: 2025/02/8 | Accepted: 2024/03/17 | Published: 2024/03/20
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