Exemptions and Mitigations in Punishments for Women in Iran:

A Gender-Based Analysis from the Perspective of Islamic Law

A’zam Khoshsorat Movaffaq

Fatemeh Abedi

 

Abstract: Considering the widely accepted principle of equality between men and women, some argue that gender should not influence the punishment of male and female criminals. However, an analysis of the Islamic penal law and the Iranian Penal Code reveals that gender does influence punishment in terms of exemption, severity, and method of execution. Based on a detailed analysis of specific crimes such as incest, apostasy, adultery, lesbianism in Iran, this article argues that women are granted exemptions and mitigations from punishments more frequently than men, as prescribed by Iranian legislators and Shari’ah law. This is rooted in the view within Islam that acknowledges certain physical and mental distinctions between women and men. The analysis also shows that what might appear as mitigation in male punishment is not necessarily so in practice. Ultimately, this article argues that the gender-based distinctions in punishments under Iranian law and Shari’ah should not be viewed as inherently discriminatory.