Differential Trial of Delinquent women from the perspective of Islam with a view to Feminist criminology

Abstract

Widespread popularity of flexible criminal attitudes towards the Delinquent Women and planning of the women's differential trial that sometimes is attributed to Feminist criminology has subsequently raised the question that what is Islamic views in this regard. Therefore, by considering the lack of Islam-based theories on this issue, this article by descriptive-analytical method and with emphasizing to rich Islamic principles seeks to prove three following subjects: First, several centuries before the advent of Feminist Criminology, Islamic criminal policy, has focused on the differential trial of women therefore, it has been a pioneer in planning and defending of differential trial; Second, contrary to feminist criminology, the basis of differential trial of women in Islam is not only based on “ their Gender” but also due to requirements of justice and all- round Islamic kindness and different situation of Delinquent women such as, childbirth and their natural and specific condition is considered in Islamic jurisprudence. Third, however the criminal policy of Iran in several cases is corresponding to criminal policy of Islam and there are some example of differential trial in it but, this problem in Iran judicial system is still a long way to reach a desirable situation in criminal policy of Islam and it should be noted in criminal law and criminal policy of Iran.

Keywords

• differential trial
• feminist criminology
• jurisprudence
• delinquent women
• islamic criminal policy