The Ethics of Legislation to Punish Guilty Women in Imami Jurisprudence

Abstract

one of the challenges that sharia is facing is the claim that Islam has a biased view towards men's rights. and there is gender discrimination against women in Islamic law. The claimants have tried to justify their theory by presenting examples of jurisprudential rulings that at first seem to be discriminatory. In order to respond to this challenge in the field of criminal law, the Islamic legal system in the field of legislation to punish guilty women has been explained. This study has been conducted using a descriptive-analytical method and after explaining the moral principles of legislation to punish guilty women in Islamic jurisprudence, women's specific criminal sentences in the field of public disclosure, expulsion, homosexuality, apostasy, the quality of the Hadd, the place of detention and delay in punishment in special circumstances have been stated. It,s found that the legislation of punishment for women in Islam is based on the two principles: a dignified view of women and the observance of justice. it is found that Islamic Criminal law not only does not have a biased view of men but it can be seen from some of the rulings that this law seeks to facilitate and mitigate punishment for women. The purpose of the study is to show that differences and distinctions in the rulings don't indicate that the rulings of the Shari'a are discriminatory; rather, what can be acknowledged is that some Shari'a rulings are different between men and women because they differ in biological and psychological characteristics.

Keywords

• woman
• man
• gender
• jurisprudential rules
• ethics