Pathology of the Legal Systems of Iran and Iraq in the Criminal Protection of Women Victims of Domestic Violence (A Case Study among Iranian and Iraqi Women)

Abstract

Domestic violence, as one of the fundamental social and legal challenges, has consistently exposed women to physical, psychological, and social harm. Despite the expansion of international discourses emphasizing the necessity of criminalization and differential penal responses to this phenomenon, many legal systems still lack comprehensive legislative approaches in this field. The present study, focusing on the legal systems of Iran and Iraq, examines the challenges and legal gaps concerning the criminal protection of women victims of domestic violence and analyzes the existing deficiencies from a comparative perspective. Employing a comparative research method, this study integrates both library-based and field research. In the field section, data were collected through a researcher-developed questionnaire and an analysis of the perspectives of Iranian and Iraqi women victims. The findings indicate that the absence of a differential criminal protection framework for domestic violence against women has not only deprived judicial and executive institutions of the possibility of effective intervention but, in certain cases, has implicitly legitimized this form of violence. In both countries, existing laws generally lack independent criminalization of domestic violence, and criminal protections for women are provided within the framework of general and non-differential provisions. More concealed forms of violence, particularly psychological and sexual violence (including marital rape), do not possess an independent criminal characterization. This situation not only complicates the proof of victimization during judicial proceedings but also, in many instances, results in women’s complaints being dismissed through decisions of non-prosecution or limited to the payment of diya (blood money), thereby perpetuating the cycle of violence. Furthermore, cultural and social barriers further undermine the effectiveness of criminal protection. The findings underscore that, in order to establish effective criminal protection, the enactment of differential and specific legislation criminalizing various forms of domestic violence against women is essential. Additionally, complementary approaches—such as the application of restorative justice mechanisms and the provision of psychosocial support—may contribute to reducing women’s victimization and strengthening the accountability of the criminal justice system in addressing domestic violence.