Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Legal Challenges of Youth Population from the Perspective of Jurisprudence and Criminal Law in Iran

Document Type : Original Article

Authors
1 Assistant Professor, Department of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2 PhD student in criminal law and criminology, Kish International Branch, Islamic Azad University, Kish, Iran
10.22034/jccj.2025.511122.1712
Abstract
Youthful population is one of the key factors in a country’s economic, social, and cultural development. However, the declining fertility rate in Iran in recent years has led policymakers to enact the “Support for Family and Youthful Population Act” and to develop the Seventh Development Plan aimed at increasing fertility rates and rejuvenating the population. In addition to providing incentives for families, this law includes restrictive and punitive measures in areas such as abortion, sterilization, contraception, and prenatal screening, which entail multiple legal, social, and health consequences. From a jurisprudential perspective, some provisions of the law conflict with Shiite Islamic principles; for example, according to Shiite jurisprudence, a fetus before the infusion of the soul does not possess full life, and its abortion is not subject to punishment, whereas the new law prescribes penalties for both physicians and mothers. Furthermore, insufficient protection for working mothers and granting authority to private-sector employers can lead to widespread dismissal of pregnant women and serious psychological and social harms. The purpose of this study is to examine the jurisprudential, criminal, and social challenges of the Youthful Population Law and analyze its effects within Iran’s legal system. The research employs a descriptive-analytical methodology based on library resources, including legal texts, jurisprudential sources, and related academic studies. Findings indicate that despite the law’s supportive intentions, conflicts with jurisprudence, deficiencies in criminal law, and neglect of social and health aspects prevent the effective achievement of population rejuvenation goals and may increase illegal abortions, psychological pressures on women, and weakening of the family institution.
Keywords

Volume 5, Issue 4
Autumn 2025
Pages 191-205

  • Receive Date 14 March 2025
  • Revise Date 26 May 2025
  • Accept Date 20 July 2025
  • Publish Date 22 December 2025