Analysis of the Position of Moral Damages in the Bill to Promote Women's Security Against Abuse

Document Type : Scholarly Article

Author

Researcher at the Research Institute of Women and Family Studies, University of Religions and Religions. Qom. Iran

Abstract

The bill "Preventing women's injuries and improving their security against abuse" which was previously referred to the Social Commission of the Islamic Council under the title of "Ensuring women's security against violence" bill; It was approved in the 20th meeting of April 1402. Undoubtedly, this bill is a positive approach towards the realization of the violated rights of women, because by revising the original version and modifying the word violence to "mistreatment", it caused spiritual damages to be taken into consideration in addition to physical damages. However, since "abuse" is a vague and floating term, not only is it not defined precisely in the bill, but also some examples of abuse, which refer to women's moral rights, have not been identified and criminalized, and this has caused preventive and protective measures. The subject of this bill does not include all traumatic situations. With this article, we are trying to identify new forms of misbehavior and evaluate the protective and preventive role that is neglected in this bill according to experts. In this article, which is written in descriptive and analytical method, new examples of misbehavior based on moral damages have been identified and the support methods specified in the bill have been criticized. However, since "abuse" is a vague and floating term, not only is it not defined precisely in the bill, but also some examples of abuse, which refer to women's moral rights, have not been identified and criminalized, and this has caused preventive and protective measures. The subject of this bill does not include all traumatic situations. With this article, we are trying to identify new forms of misbehavior and evaluate the protective and preventive role that is neglected in this bill according to experts. In this article, which is written in descriptive and analytical method, new examples of misbehavior based on moral damages have been identified and the support methods specified in the bill have been criticized.

Keywords

Main Subjects

References

  • Aghmashidi, F. (2003). Compensation for moral damages in Iranian law. Journal of Humanities and Social Sciences of Mazandaran University, 3(9-10), 31-48.
  • Ala'eddin, M. R. (2009). Quranic methods for treating emotional and sexual problems of couples in family institution. Quranic Kawthar Quarterly, 8(33), 9-23.
  • Asadi, L., & Shokri, F. (2016). Civil procedure for family matters and lawsuits. Imam Sadiq University Press.
  • Ayatollahi, Z. (2012). A brief description of the charter of women's rights and responsibilities. Women's Cultural and Social Council, Public Relations.
  • Bahremand, M. (2013). Illegitimacy of moral damage from the perspective of Quran and narrations. Quranic Studies, 4(16), 63-75.
  • Charter of Women's Rights and Responsibilities in the Islamic Republic of Iran, Supreme Council of Cultural Revolution, Session 546, September 21, 2004.
  • Esazadeh, B., Mohammadzadeh, M., & Hajiali Khomsa, M. (2022). Critique of the Bill to Protect Women's Dignity from Violence from legislative principles perspective. Critical Research Journal of Humanities Texts and Programs, 22(106), 441-463.
  • Eshtari, B. (2001). Human trafficking: Modern slavery. Bartar Thought Publishing.
  • Fadlallah, M. H. (2004). Women and a fresh perspective. Bustan al-Kitab.
  • Holly Quran
  • Hur Ameli, M. b.H. (1983). Wasā'il al-Shīʿah ilā taḥṣīl masā'il al-Sharīʿah. Dar Ihya al-Turath al-Arabi.
  • Islamic Penal Code. (1996).
  • Karami, M. T., & Sajadi Amin, M. (2010). Critique of Article 23 of Family Protection Bill. Strategic Women's Studies, 12(48), 85-132.
  • Kariminia, M. M. (2010). Compensation for moral damages in Islam and governments' responsibility. Ma'refat Quarterly, 7(38), 99-103.
  • Khomeini, R. (2020). Tahrir al-Wasilah. Institute for Compilation and Publication of Imam Khomeini's Works.
  • Khui, A. (1991). Minhaj al-Salihin. Office of Grand Ayatollah Seyyed al-Khoi.
  • Lancel, Z. (2005). CEDAW and its social consequences. Shiite Women's Journal, 2(3), 147-176.
  • Mehdavi Kani, S. (2013). Governing principles of family relationships in Islamic epistemology. Family Jurisprudence and Law (Sadegh's Call), 18(58), 5-32.
  • Milani, A. (2021). Criminal challenges of the Dignity and Security of Women Bill. New Jurisprudential-Legal Research Journal of Women and Family, 4(15), 67-91.
  • Ministry of Justice of the Islamic Republic of Iran. (1984). Questions and answers from the Commission of Jurisprudence and Legal Advisors of the Supreme Judicial Council. Ministry of Justice.
  • Mohammadzadeh, M., Bakshloo, R., & Esazadeh, B. (2021). Examining the spirit governing the Bill to Protect Women's Dignity from Violence. Strategic Women's Studies, 24(93), 29-54.
  • Moradzadeh, H., & Razavi, F. S. (2016). Methods of compensating moral damages in marital life. Family Jurisprudence and Law (Sadegh's Call), 21(64), 5-30.
  • Motahari, A. (2008). Non-material damages in judicial rulings in Iran and Egypt. Mofid University Press.
  • Mousavi Khomeini, A. (1985). Jāmiʿ al-Madārik fī Sharḥ al-Mukhtaṣar al-Nāfiʿ. Maktabat al-Saduq.
  • Naqibi, A. (2007). Non-material damages in Iranian law and contemporary systems. Amirkabir Publishing.
  • Ramadan Nargesi, R. (2003). Women trafficking in the absence of musts and must-nots. Strategic Women's Studies, 5(19), 11-47.
  • Seifi, A., Namdar, S., & Goldouzian, I. (2021). Examining the impact of the Dignity, Honor and Security of Women Bill on reducing social and domestic violence. Applied Family Therapy, 2(2), 480-495.
  • Shabiri Zanjani, M. (n.d.). Kitāb al-Nikāh Zanjani. Research Institute Ray Pardaz.
  • Supreme Council of Cultural Revolution. (1990, October 14). Resolution No. 2214.
Biannual Journal of Family Law And Jurisprudence
Volume 29, Issue 81
May 2024
Pages 95-116

Files

Share

How to cite

Statistics