Examining the Reasons for the Necessity of Supporting Offending Mothers in the Criminal Law of the Islamic Republic of Iran
Keywords:
criminal law, criminal protection, offending mothers, obstacles to criminal protection, criminal justiceAbstract
One of the fundamental issues in all societies is the equality of rights between women and men and the prohibition of discrimination based on gender. Offending mothers are vulnerable in all societies due to their gender and the specific conditions under which their conduct is criminalized; however, in certain regions of our country, because of some misguided traditions, lack of security, the influx of Western culture, and similar factors, they have been and continue to be exposed to greater harm. This is while the victimization of offending mothers, in view of the key role of mothers in the family system and society, the physical, emotional, and psychological characteristics of women, their social, familial, and individual status, and the fact that the mother is the foundation of the family and the guarantor of the upbringing and continuity of the human generation, is of particular importance. Crime against offending mothers, on the one hand, causes direct harm to them, and on the other hand, results in indirect harm to the family as the primary foundation of society; therefore, it was necessary to study criminal protection of offending mothers in Imami jurisprudence and Iran’s criminal laws and to examine the criminal responses adopted. Accordingly, this study examined the foundations and obstacles to offending mothers’ access to criminal justice, and the findings indicated that the principal foundations of criminal justice, derived from Islamic Sharia, take into account the aspects of victimization of mothers and their conditions; however, noticeable shortcomings exist that have led to misuse and the discriminatory nature of certain criminal laws.
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Copyright (c) 2025 Sajad Fahimitabar (Author); Rahim Ekrami; Karam Janipour (Author)
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