Determination and Implementation of Criminal Punishment for Female Offenders in Light of Imami Jurisprudence and Iranian Statutory Law

Abstract

Within the Islamic legal framework, many of the distinctions observed in the punishment of women and men stem from their inherent natural and physiological differences. The absence of such distinctions could potentially lead to discrimination or disrupt the foundational principles and objectives of penal sanctions. Therefore, as long as these differences are rooted in natural factors, they can be considered logical and justified. Given the fundamental physiological differences between women and men, it is necessary to recognize distinctions in the execution of criminal sentences as well. This research, employing a descriptive-analytical approach, elucidates the ethical foundations for legislating punishments for women in Imami jurisprudence and Iranian law. It examines specific penal rulings concerning women, including issues such as public disclosure (tashhīr), exile (nafy-e balad), apostasy (irtidād), the manner of implementing ḥudūd punishments, and the postponement of punishment under special circumstances. The findings indicate that the formulation of punishments for women is based on two principles: a dignity-centered perspective towards women and the observance of justice. Contrary to common perception, there is no evidence of discrimination against women or favoritism towards men; rather, certain rulings provide facilitation for women, influenced by ethical and justice-based principles grounded in the genetic and psychological differences between the two genders as institutionalized in Islamic law.