نوع مقاله : پژوهشی
1 کارشناس ارشد، گروه حقوق جزا و جرمشناسی، دانشکده علوم انسانی، واحد ساری، دانشگاه آزاد اسلامی، ساری، ایران.
2 استادیار، گروه حقوق، واحد نوشهر، دانشگاه آزاد اسلامی، نوشهر، ایران.
عنوان مقاله [English]
The equality principle is one of the important principles of punishment. Nevertheless, the type and manner of execution of punishments for women is one of the significant issues that have been discussed in jurisprudence. The basic question posed and investigated in this respect is, what are the specific rights of women in the type and manner of execution of punishments from a jurisprudential perspective? The present paper is descriptive and analytical and has investigated the above-mentioned question using the library method. The results of the study indicate that the principle of equality, including in punishments, is accepted in Islam. However, equality does not mean the same thing, and in some cases, the amount and execution of punishments for women are different, which is defined on the specific rights of women in punishments. The specifics of women in the field of punishment, including in cases, such as punishment for Adultery, Muharibeh, and Apostasy, have been observed and considered. In terms of the execution of the punishment, in cases, such as flagellation, a more favorable situation is considered, and in some cases, such as during pregnancy, menstruation, and puerperal illness, the execution of the punishment is delayed. As the conclusion of the paper, it should be noted that in Islamic thought, in addition to their common position, men and women also have a special position based on their different roles, functions, and characteristics, and therefore, women's "right to be different" should be defended and justice should be performed. Implementing the equality principle without considering differences is unfair.