مبانی حقوقی حجاب در جمهوری اسلامی ایران: از فقه تا سیاست جنایی

Abstract

Hijab, As One Of The Cultural And Religious Pillars In The Islamic Republic Of Iran, Not Only Has Jurisprudential And Religious Foundations But Also Has Profound Impacts On The Criminal And Legal Policies Of This Country. Given That Hijab Is Presented In Islam As A Religious Obligation, This Topic Holds A Special Place In Iran's Criminal Policies. The Aim Of This Research Is To Analyze The Legal Foundations Of Hijab In The Islamic Republic Of Iran, Emphasizing The Relationship Between Jurisprudence And Criminal Policy. The Question This Paper Addresses Is: What Are The Jurisprudential Foundations Of Hijab In Iranian Law, And How Do They Influence Criminal Policies? The Findings Indicate That, In Light Of Iran's Legislative Criminal Policy, Which Is Structured Based On Islamic And Jurisprudential Principles, Various Laws Have Been Established To Mandate Adherence To Hijab, Including Article 638 Of The Islamic Penal Code And Supplementary Laws Related To Administrative And Educational Environments. These Laws Specifically Address The Criminalization Of Non-Compliance With Hijab And Impose Various Penalties For Violators. At The Same Time, There Are Critiques Of These Policies That Emphasize Their Conflict With Individual Rights And Civil Liberties. Additionally, Examining The Differing Opinions Of Jurists Regarding Discretionary Punishments Reveals A Variety Of Perspectives In This Area, And The Legal Contradictions Arising From Diverse Interpretations Of "Improper Hijab" And Penalties Are Clearly Evident In Judicial Rulings. The Paper Concludes That There Is A Need For A Reassessment Of Existing Laws And Policies To Achieve A Balance Between Preserving Islamic Values And Respecting Individual Rights, In Order To Align With Global Social And Human Rights Developments. The Research Methodology Is Descriptive-Analytical.