Islamic lifestyle with a focus on health

Islamic lifestyle with a focus on health

Investigating the Criminalization of Non-Observance of Islamic Hijab in Imami Jurisprudence and Iranian Law

Authors
1 PhD student, Department of Jurisprudence and Criminal Law, Kharazmi University, Tehran, Iran
2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Khwarazmi University, Tehran, Iran
3 Assistant Professor, Department of Criminal Law and Criminology, Kharazmi University, Tehran, Iran.
Abstract
In the Holy Sharia of Islam, orders have been issued to observe 
the hijab, and just as for other orders issued by the Holy Sharia, 
rewards and punishments in the hereafter and in some cases
worldly punishments have also been determined, that is, 
obligatory and mustahab actions deserve rewards and 
forbidden actions deserve punishment. have. Worldly 
punishments regarding non-observance of religious hijab and 
violation of religious orders have been examined. Is it possible 
to criminalize disobeying the order of holy sharia regarding 
hijab? Or can Islamic rulers punish people who don't wear 
hijab by making laws? At first, by studying the sources, this 
research aims to investigate the phenomenon of nonobservance of hijab and its criminalization evidences in 
Imamiyyah jurisprudence and legal rulings of Iran with a 
descriptive and library method, and by examining the opinions 
for and against practical and theoretical solutions for the 
alignment and integration of jurisprudence opinions. and 
provides rights. The results of the research show that with a 
dynamic and universal attitude to the commandments of Islam, 
it is possible to provide reasons for the sustainable 
development of the society in following the right path with 
rational and narrative reasons according to the requirements of 
the time. 
Keywords