The role of gender in punishment of the soul and body in terms of Islamic jurisprudence and Iranian criminal law

Abstract

According to the theory of Shia and Sunni jurists, men and women are retaliated against each other, but the retribution of the man's soul against the woman's soul is conditional on the payment of half of the man's debt. They are equal to each other and after that the retribution of the male member against the female member is subject to the payment of half of the dues of the male member.A woman's self-discharge is half of a man's self-discharge, but a man and a woman are equal to each other in the member's shock until it reaches one third of the complete shock, and after that, the female's shock is reduced to half of the man's shock. In this study, it is clear that the difference between men and women in retribution and dowry is one of the fixed rules of Islam, so it cannot be changed; Although the Islamic government is obliged to compensate the women heads of the household.In this research, topics such as explaining the opinion of famous jurists, the philosophy of retribution, expressing and criticizing the opinions of those who believe in equality between men and women in retribution and dowry in terms of Islamic jurisprudence and Iranian criminal law have been discussed.