Abstract
<em>To understand the predicament of women in Iran, it is necessary to look to both the religion and strong social and cultural forces, which shape their position in society. Islam is often held responsible for the inequitable and sometimes violent treatment of women in Iran. Considering the women situation before Islam, they have gained more rights after Islam. But, no doubt that the differences and strong social and cultural forces regarding women arise from Islam in the Iranian society. The justifications of these differences mainly is that before Islam the women had so little rights and even they were buried alive, but Islam has rescued them and given them some rights. While this view point in per se is completely un-right, but the point is that, it was 1400 years ago and in addition, why Islam has not completed the protection against all differences. The simple answer is that in that social situation it was impossible to convenience the men to accept the equality of men and women. Problems in attaining the full recognition and enjoyment of all human rights and fundamental freedoms for women in Iranian criminal justice system are the main theme of the present article.</em>
Highlights
It is generally believed that criminal law is sexually discriminating, which is somehow true
Based on the equality of rights, there ought not to be any difference in the application of legal rules, sex has had a role in the Iranian Criminal Law concerning women
Rules established in post-revolutionary Iran are composed of both types of the above-mentioned rules, many of which are contradictory to modern human rights:
Summary
It is generally believed that criminal law is sexually discriminating, which is somehow true (https://www.hsph.harvard.edu/organizations/healthnet.html). Based on the equality of rights, there ought not to be any difference in the application of legal rules, sex has had a role in the Iranian Criminal Law concerning women.
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