The Basics of Criminalization of Domestic Violence against Children and Adolescents Based on the Iranian Legal System and Imamie Jurisprudence

Shafiee Ardestani, Abbas; Ghasemi, Masoud; Varvaei, Akbar; Nosrati, Yazdan

doi:10.22034/jccj.2024.408349.1327

The Basics of Criminalization of Domestic Violence against Children and Adolescents Based on the Iranian Legal System and Imamie Jurisprudence

Document Type : Original Article

Authors

Abbas Shafiee Ardestani ¹

Masoud Ghasemi ²

Akbar Varvaei ³

Yazdan Nosrati ²

¹ Ph.D Student of Criminal Law and Criminology, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.

² Assistant Professor, Department of Criminal Law and Criminology, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.

³ Professor, Department of Criminal Law and Criminology, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.

10.22034/jccj.2024.408349.1327

Abstract

The dominance of postmodernism in the life of human societies, and the introduction of various variables into people's lives, has led to the complexity of human relationships. One of the important issues in this field is the increase in tension and violence, among which one of the most important instances of violence is domestic violence. Domestic violence has different dimensions and examples, including violence against women, violence against children and adolescents, etc. The present study, which has been conducted through the descriptive-analytical method, will evaluate the criminalization basics of this phenomenon in Iran's legal system and Jaʽfari jurisprudence. The present study shows that despite appearances, some rules such as correction permit of children and adolescents are prohibited in the framework of the ruling jurisprudence-legal system, and all instances of violence against children and adolescents are prohibited, and the existence of special educational-educational rulings does not provide permission for violence against children and adolescents.

Keywords

Violence

Criminalization

Children and Adolescents Right

Human Right