Ruhollah Akrami
Abstract
Proof of sexual crimes discussed under the prescribed punishment, including adultery in Islamic jurisprudence, is subject to certain restrictive rules. One of the important issues in this regard is the ability to prove this crime based on the pregnancy of a woman who cannot be attributed to a legal ...
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Proof of sexual crimes discussed under the prescribed punishment, including adultery in Islamic jurisprudence, is subject to certain restrictive rules. One of the important issues in this regard is the ability to prove this crime based on the pregnancy of a woman who cannot be attributed to a legal marriage. According to Imamia jurisprudence and the majority of Sunni jurisprudential Schools, pregnancy does not suffice to prove a crime. However, Maliki and a minority of Hanbali jurists have considered pregnancy as one of the other shreds of evidence for adultery punishable by prescribed punishment. The differences in these jurisprudential approaches have affected the criminal justice systems of Islamic countries. Some countries, influenced by Maliki's jurisprudence, have considered pregnancy as one of the shreds of evidence for adultery. Although some did not consider it to be proof of prescribed punishment, they ruled that the accused could be punished through Ta'zir. Another group considers pregnancy to be out of pieces of evidence that can lead to punishment. In the present paper, with a descriptive-analytical method, while explaining the jurisprudential theories in this field and evaluating their reasons, we have examined the position of the legal and judicial system of several Islamic countries in this field.
Mustafa Meshkat
Abstract
Today and with the advancement of medical science, the issue of protecting the health of the fetus has become more and more of a concern for actors in the field of health and legislation. On this occasion, fetal abuse is not limited to physical violence that causes abortion or damage to their members. ...
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Today and with the advancement of medical science, the issue of protecting the health of the fetus has become more and more of a concern for actors in the field of health and legislation. On this occasion, fetal abuse is not limited to physical violence that causes abortion or damage to their members. Rather, it includes many of the risk behaviors that a pregnant woman during pregnancy can provide for the incidence of death, fetal illnesses, and fetal disorders. In this regard, the United States has, along with the relative ban on abortion, has provided suitable criminal protection against other abuse to the fetus, also known as the protection of unborn children. In addition to the federal area, this issue has been further targeted in some states like South Carolina. In this regard, the national criminal justice system, although in the Islamic Penal Code and Tacitus, has provided a supportive approach to violence against the fetus, but has not responded to the fetal neglect or failure. Therefore, in this study, the aim of this study is to provide a supportive strategy by analyzing and comparing the fetal abuse status in the criminal system of the United States and Iran.
