نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق کیفری و جرم‌شناسی، دانشکده حقوق و علوم سیاسی دانشگاه مازندران، ایران، مازندران
2 استاد گروه حقوق کیفری و جرم‌شناسیِ دانشکده حقوق و علوم سیاسیِ دانشگاه مازندران، ایران، مازندران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Homosexuality was first introduced as a punishable behavior in the 1392 Islamic Penal Code, while before its introduction, the Iranian legal system faced a legal vacuum for a long period. While the prohibition of homosexuality was considered a religious necessity from Shariah perspective, and unlike other immoral and indecent behaviors that have a significant history in criminal laws, the aforementioned criminal title has only recently entered the realm of criminal law. At first glance, it seems that the approach of the Iranian criminal legislator in addressing this issue has been based on supporting the religious and moral values of society, which have been widely reflected in criminal laws, along with the basics of legal morality. However, the legislator's soulless view of this phenomenon, without understanding characteristics such as effeminacy and masculinity, does not meet the goals of penal policy in terms of sentencing, deterrence, and non-repetition of such a phenomenon. The legislator's absolute approach to the punishment of homosexuality has been while the status of this title, on the one hand, is on a par with the titles of effeminacy and masculinity, and on the other hand, its punishment within the framework of Hudud crimes or prescribed Taeziri punishments has been shrouded in an aura of ambiguity, which has confused judicial practice and led to the issuance of conflicting and sometimes erroneous decisions. In this research, which is based on analytical and descriptive studies, an attempt is made to explain the concepts of effeminacy and masculinity, meanwhile to analyze the approach of Iranian criminal law and Islamic jurisprudence in the parallelism of these titles with homosexuality, and respond to the aforementioned ambiguities.
کلیدواژه‌ها [English]
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