Investigating the Effect of Gender on Punishment Based on the Hirabah Verse; Approaching Article 279 of the Islamic Penal Code

Salarzaei, Amirhamzeh

doi:10.22034/jccj.2025.555266.1794

Investigating the Effect of Gender on Punishment Based on the Hirabah Verse; Approaching Article 279 of the Islamic Penal Code

Document Type : Original Article

Author

Amirhamzeh Salarzaei

Professor of the Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology, University of Sistan and Baluchestan, Zahedan, Iran

10.22034/jccj.2025.555266.1794

Abstract

In the present article, we conducted a thorough theoretical evaluation of the impact of gender on the punishment for Hirabah, focusing especially on the primary source for the realization of the essence of Hirabah, which is the Quran. We have left the judgment to the discerning reader of this research. Our hypothesis and claim are that a set of literary rules and contextual and associated reasons, in short, the semantic context of the subject of Hirabah in several related verses, particularly the precaution in matters of blood and ultimately considering the established rule of "averting punishment" and the principle of narrow interpretation in favor of the accused in criminal matters, especially regarding the possibility of depriving life, necessitates the male gender of the crime of Muharaba and consequently its punishment, based on gender consideration. The result and outcome of this research call for the amendment and clarification of Article 279, meaning that Muharaba certainly and exclusively includes men.

Keywords

Hirabah

Punishment

Verses

Minimal Interpretation

Gender