In this short article, we try to examine gender equality in Iranian criminal and legal laws, so that we may better understand the issue of inequality between men and women in this field, rather than in other political and social areas that are beyond the scope of this writing. Before delving into the inevitable discussion, we must first have a comprehensive and complete definition of gender equality.

Gender equality

Gender equality and sexuality, it is believed, have the goal of eliminating gender and male dominance inequalities in society. In this context, equality means that women and men have equal rights and responsibilities, and everyone has equal opportunities in society. Gender equality also relates to justice and the division of responsibilities, both in society and in the family. If gender becomes an obstacle to seeing an individual’s strengths and weaknesses, it can lead to discrimination and limited opportunities for that person. The United Nations Population Fund has declared gender equality as the first human right.

First Topic: Gender Equality in Iranian Criminal Laws

In the legal system of the Islamic Republic, which includes the general punishment law, individuals have different rights and responsibilities based on their gender, religion, age, and sexual identity. However, the key point in this legal system is that this law is exactly contrary to the accepted and modern principle of non-discrimination, which is the foundation of human rights.

A- Gender and age discrimination in the Islamic Penal Code of Iran.

The first difference between men and women is in recognizing responsibility for a crime committed. For example, in clause 2 of article 88 of the Islamic Penal Code approved in 1392, it states that if a minor commits a crime that results in a punishment or retribution, and they are between the ages of 12 and 15 according to the lunar calendar, they will be subject to one of the actions specified in clauses (t) or (th). Otherwise, one of the actions specified in clauses (a) to (p) of this article will be taken against them. In addition, article 147 of the same law also determines the age of maturity as follows: “The age of maturity for girls and boys is 9 and 15 years according to the lunar calendar, respectively.” The importance of gender discrimination is further clarified in facing article 146 of the Islamic Penal Code, which states that minors are not criminally responsible.

B- Gender discrimination and the value of martyrdom in Islamic penal law

One of the issues raised in the discussion of testimony is the role of gender in the relevant laws of Iran in the validity of testimony, meaning whether being a woman or a man has any effect on testimony or not. In the legal regulations of the Islamic Republic of Iran, there are clear discriminations in the validity of women’s testimony compared to men’s testimony, which we will examine. In this law, there are two types of treatment regarding women’s testimony: cases where women’s testimony is generally not accepted and therefore has no effect, and only the testimony of men, which in some cases requires four just men and in others two just men, is effective in proving a crime. In some cases, women’s testimony is also considered, but first it must be accompanied by the testimony of a man and secondly, the testimony of two women is equivalent to the testimony of one man. According to the Islamic Penal Code, crimes of sodomy, homosexuality, prostitution, false accusation, drinking alcohol,

Article 199 of the Islamic Penal Code states that “the required number of witnesses in all crimes is two men, except in cases of adultery, sodomy, incest, and moharebeh, which require four male witnesses for proof. In cases of adultery, which carries the punishment of flogging, stoning, or exile, the testimony of two men and four just women is also sufficient. In cases where the punishment is not one of the aforementioned, a minimum of three men and two just women’s testimony is required. In this case, if two men and four just women testify, only the punishment of flogging is established. Crimes that result in blood money can also be proven with the testimony of one man and two women.” In reality, we can see clear discrimination in this article in accepting the testimony of women as evidence of a crime; while in some cases, such as adultery, sodomy, incest, and moharebeh, the testimony of women is not accepted and

Investigation of Gender Discrimination and Retribution in Islamic Penal Law

While today, there is a widespread international effort to establish equality between men and women in all areas, and in international human rights documents, especially the Convention on the Elimination of All Forms of Discrimination against Women, to abolish or amend laws that contain discriminatory provisions against women.

It has been emphasized that in the Islamic Penal Code of Iran, which was formulated and approved after the establishment of the Islamic Republic of Iran and is currently in effect, there is clear gender discrimination towards women and men, which is discussed, analyzed, and criticized. One of these cases is retribution, meaning that if a woman intentionally kills a man, retribution will be carried out, but if a man intentionally kills a woman, he will only be subject to retribution if the woman’s family pays him half of the man’s full blood money. According to Article 382 of the Islamic Penal Code, “if a Muslim woman is intentionally killed, retribution is mandatory, but if the killer is a Muslim man, he must pay half of the full blood money before retribution, and if the killer is a non-Muslim man, he will be subject to retribution without any payment. In the case of a non-Muslim man killing a non-Muslim woman, paying the difference in their blood money

The killing of a child by their father and its punishment.

“Killing of a child by the father”

According to Islamic punishment law in Article 301, the killing of a child by their father is subject to retribution, unless the perpetrator is not the father or a paternal ancestor. This article is in accordance with the opinions of jurists who consider retribution to be limited to cases where the murderer is the father or paternal grandfather of the victim.

Non-implementation of the punishment of retribution and blood money in cases of murder of a husband by his adulterous wife.

In Islamic penal law, if a man catches his wife in the act of adultery with another man, he is not subject to retribution or blood money unless there is coercion or compulsion, as stated explicitly in Article 302: “If the accused falls under one of the following conditions, he shall not be subject to retribution or payment of blood money: a married man and woman caught in the act of adultery by the husband, unless there is coercion or necessity as specified in the law.”

Unfortunately, we see that in addition to the previous mentioned cases, the lawmaker has also implemented blatant gender discrimination against women in this article. This includes the payment of blood money in Islamic criminal law and gender discrimination against women.

Before entering the discussion of “diyat”, it is necessary to have a complete and consistent definition of “diyat” according to the explicit text of the law. In Article 448, the definition of “diyat” is stated as follows: “Diyat is a specified amount of money that is determined in the sacred Sharia law as a result of unintentional crime against oneself, body parts, or benefits, or intentional crime in cases where retribution is not applicable in any direction.” However, one of the obvious discriminations that has been used in the Islamic Penal Code against women, and fortunately has been somewhat resolved in the past three years with the unanimous decision of the Supreme Court of the country, number 777-1398/2/31, is the discussion of “diyat” for women, which, according to Article 551 of the Islamic Penal Code, is half of the “diyat” for men. This article states: “The “diyat” for

Equality does not mean being the same, and according to the Islamic Penal Code of 1992, the blood money for both men and women has become almost equal for about three years.

Supreme Court’s Unanimous Decision No. 777- 31/2/1398

The case before the General Assembly of the Supreme Court was that several branches of different provinces had issued conflicting rulings based on different interpretations of the footnote of Article 551 of the Islamic Penal Code. Some of these branches considered the payment of the difference in blood money between men and women to be limited to the crime of murder, while others considered it to be applicable to both murder and bodily harm. Therefore, the General Assembly of the Supreme Court, in accordance with Article 471 of the Criminal Procedure Code, held a session to resolve the conflict and issued a unanimous decision to eliminate the discrepancy. This decision, like other unanimous decisions of the Supreme Court, is binding for courts and is only rendered ineffective by a subsequent law or unanimous decision. The General Assembly emphasized in this decision that in all crimes against women, whether against their lives or their body parts, the blood money must be paid from the mentioned

Topic 2: Gender Discrimination in Iranian Legal Laws

A- Current laws on inheritance and gender discrimination

Inheritance is considered one of the financial and economic rights that in some cases, after the death of family members or relatives, individuals benefit from it. Unfortunately, in this matter, the legislator has also imposed obvious gender discrimination against women. Article 907 of the Civil Code states that a daughter inherits half of a son’s share. If the deceased does not have a father and there are multiple offspring, some of them being sons and some daughters, the son inherits twice as much as the daughter.

B – Women’s right to work and spouse’s permission

Civil Law; Article 1117 of the Civil Law states: “A husband can prohibit his wife from engaging in a profession or industry that goes against the interests of the family or her own dignity as a woman.” Although this article recognizes the wife’s right to work, in certain cases the husband is allowed to prevent her from working in certain circumstances.

The right to divorce from a spouse for men in civil law.

According to Article 1133, the right to divorce belongs to the husband and this article states that the husband can request for divorce from his spouse by following the conditions specified in this law and going to court.

Recognizing the right to divorce for men is another form of blatant gender discrimination that lawmakers have enforced without regard for the principles and standards of human rights and equality.

Custody rights of the child

Custody means taking care and raising a child, according to the explicit provision of the Civil Code in Article 1169, for custody and care of a child whose parents live separately, the mother has priority until the age of seven, and after that, it is with the father.

Conclusion

The role of laws in countries is very influential and determining, as if it is based on the circumstances of time, place, and societal conditions, it can promote a country both quantitatively and qualitatively. However, most human-made laws are not universal and are not immune from ambiguity, generality, conflict, and contradiction. The laws of the Islamic Republic of Iran are not exempt from this rule. Unfortunately, in the legislative system of Iran, gender discrimination is explicitly and systematically practiced against women, and there are also cases of ambiguity, generality, deficiency, and silence. Internationally, many efforts have been made to create equality and equal rights for women and men, and it can be boldly stated that nearly twenty international legal documents have been adopted regarding women’s issues and their rights. The most important of these is the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the United Nations General Assembly in 1979. However, due to various conflicts between

The truth is that Iranian women are forced to continue their difficult struggle, but in the end we must have hope that we will act with determination and decisiveness in fulfilling our duties to achieve equal rights for women and provide a better life for women in Iran, so that we can have a society free from gender discrimination.