Analysis of jurisprudential and legal principles of criminalizing violence against women

Violence against women is an unpleasant phenomenon that occurs in various forms such as physical, psychological, social, economic, cultural and sexual violence, and addressing this issue is inevitable. Although the legislature has explained and legislated the provisions in the criminal law, it has not paid attention to it in the family protection law.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

The research findings showed that, firstly, in different legal regimes, there are common criteria for criminalizing family crimes. Second, in order for criminology to be effective, this process must be in harmony with the social, cultural, religious, and moral values and morals of individuals in society. Finally, in the field of the legitimacy of criminalizing violence against the wife, we can refer to jurisprudential principles such as verses and hadiths that explicitly condemn or prohibit violence against the wife.

Ethical considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In the field of the legitimacy of criminalizing violence against the wife as one of the important crimes in the field of family, we can refer to valid jurisprudential principles; Verses from the Holy Quran as well as the narrations of the Infallibles (AS) have also confirmed the claim that they explicitly condemn violence against the wife and in some cases boycott it, and even in some cases such as the wifechr('39')s qazf, the husband deserves the punishment of hade qazf. It is a kind of severe corporal punishment.