نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
In recent years, in particular, the issue of hijab has become one of the most important social issues, and there have been disagreements about it, and some opponents of not wearing the hijab believe in criminalizing and using the guarantee of criminal execution for not wearing the hijab. This article is the percentage of the investigation of the criminalization of hijab with emphasis on the rule of negation of harm and its theoretical and legal challenges. This article is descriptive and analytical and has investigated the mentioned subject by using the library method. From the point of view of the no-harm rule , non-observance of covering can cause irreparable mental and psychological damages and disturb people's comfort. The rule of harmlessness, which has been consistently used by public and private jurists in the case of material damages, can also be used in the case of spiritual damages by analyzing the narration of the Prophet (peace be upon him). However, the criminalization of nakedness faces criminological challenges from the point of view of the no-harm rule . The principles governing sociological criminalization, are not suitable for criminalizing non-observance of covering in a religious society, but the Islamic government can by appealing to the verses and traditions and clinging to the duty-oriented principle of divine decrees and in terms of the principles of moral damages In its shamelessness and inexcusability, limit people's freedoms and initiate criminalization and finally punish those who are guilty of it.
کلیدواژهها English