Document Type : علمی - پژوهشی
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Abstract
The objective of the present paper is to study the male and the female in the family and Islamic criminal laws in terms of their legal rights. To this end, all the articles in the two collections of Family & Islamic Criminal Laws (including the most recent amendments) published in the year 2000 which are related to private and public law were chosen and they were subjected to content analysis. To select the variables of research, the theories of classic theorists such as Montesquieu, Max Weber, August Konte, Dorkim, Loy Berwel as well as the contemporary theorists were used and a combined theoretical framework was established. The variables extracted from this theoretical survey were explored in the aforementioned collections. These variables included: granting special rights to females and males, imposing special obligations on males and females, denying the rights of males and females, placing males and females in the power hierarchy, the stance of the law makers towards females and males, subject and object genders in relation to the other variables such as law, ambiguity of statutory article, nature, type and method of punishment. The findings of the analysis indicate that in both collections, in many cases, there is discrimination between males and females in such a way that granting rights, imposing obligations and denying the rights of females were more than those of males. Males were placed higher in the power hierarchy. The law maker gives priority to males compared to females. In both collections, male subjects are more than female subjects; on the other hand, female objects are more than male objects. Moreover, the articles which force women to do certain obligations were amended while similar articles for men were not.
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