نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
Today, verbal violence phenomenon has been noticed in the most countries legal system. In Iran's legal system some examples of this violence can be seen, which are mainly taken from the sources of Shia jurisprudence. Although in Shia jurisprudence, the term "verbal violence" is not explicitly used, but in some topics related to it, including the chapter on Hudud, punishments, marriage and guardianship, behaviors that are currently considered examples of verbal violence have been mentioned. This article, which in three parts, has analyzed the comparative approach of Islamic and Iranian legal systems to verbal violence, its findings show that: in the case of hudud, qadzf and offence to prophet, and in the case of punishment, offence, libel, and threats are the most important forms of violence. They are theological ones whose rules are mainly expressed in a similar way in Shia jurisprudence and Iranian criminal laws. Also, regarding marriage, zehar, ila and lean are the most important words mentioned in Shia jurisprudence that cause psychological harm to women. However, among the above three cases in Iran's legal system, only the rules related to cursing are stated in the laws, and Iranian laws do not have a ruling on Zahar and Ila. In addition to the above cases, in Shia jurisprudence regarding guardianship and custody, the subject of child punishment and discipline has been taken into consideration, and punishment and discipline have been prescribed in some laws in Iran's legal system. Since punishment and discipline may be in the form of language, it can be considered as an example of verbal violence.
کلیدواژهها English