Examining the Impact of Psychological and Physical Characteristics on Women's Criminal Responsibility

Document Type : Original Article

Authors

1 Level 3 student of Hazrat Zahra Islamic Studies Seminary, peace be upon her - Mashhad (responsible author)

2 Level 4 seminary, senior professor of Khorasan Seminary - Mashhad mailto:sb.muhammadi@gmail.com

Abstract

Abstract
The disparities in women's criminal penalties concerning criminal responsibility present a complex issue in Islamic societies and feminist discussions. This research aims to investigate the causes and dimensions of these disparities and to provide a fresh perspective on gender justice in Islamic criminal law through a thorough analysis of this topic. In this context, while critiquing the approach of similarity in family law systems, Islam's complementary and modifying theory is elucidated. According to this theory, men and women, while acknowledging their differences, are complementary to one another in life and family. This theory is founded on principles such as modification and balance, completion and perfection, and regulation and proportionality.The present article, employing a descriptive-analytical method and library resources, explores the differences in the criminal responsibility of women and men across five sections: 1) age of criminal responsibility, 2) type of punishment, 3) extent of punishment, 4) time of committing the crime, and 5) time of executing the punishment.The research findings indicate that these differences aim to accept reductions and provisions for women while applying positive differentiation. The rationale behind these differences lies in the specific characteristics of women (such as emotionality, pregnancy, menstruation, etc.) that lead to the modification of their criminal responsibility. This illustrates Islam's focus on the fairness of punishments based on the inherent nature of men and women, a focus often overlooked in feminist discourse. This research aspires to present a more accurate depiction of the status of women within the Islamic legal system and to propose practical solutions for achieving gender justice in the family based on the "complementary theory."

Keywords

Main Subjects

Islamic researches of women and family
Volume 4, Issue 6
Spring and summer 2025
June 2025
Pages 149-180

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