A Legal-Jurisprudential Rereading of Punishing of Woman in Religious Texts and Imam Khomeini’s Viewpoints

Explanation of Islam’s legal attitude towards the status of woman in the society and her rights not only would consolidate the institution of family and its impact as a key factor in the formation of social principles, but also will prepare the grounds for removal of violence against women. It should be borne in mind that several studies have been conducted about the issues related to woman’s rights and family, each of which is significant for attaining a solid and firm structure for the family system. Among these issues mentioned should be made of those that have led to questioning and criticizing the Islamic legal system such as the nature of punishment of women in Islamic legal and jurisprudential system. The main objective of this article is to answer the questions and criticisms by relying on the Verse 34 of the Nisa Chapter of the Quran. Attempts have been made to shed light on the arguments of opponents and advocates to be able to find out the true viewpoint of Islamic legal system. It should be mentioned that since according to Article 4 of the Constitution, the Islamic criteria are the basis of Iran’s legal system, hence the focus of this study will be the Constitution and the Civil Codes of Iran.