Divergent Opinions on the Type of Punishment for Violating Islamic Hijab in Judicial Practice

4In today's world, the enemy, especially relying on various tools in the virtual space, constantly seeks to achieve its sinister goals, including weakening the significant issue of Islamic hijab in Islamic societies. The Islamic Penal Code of the Islamic Republic of Iran, rooted in the Islamic faith, designates this important and religious duty as part of the religious obligations and obligates its recipients to adhere to this principle. The current conditions in the country indicate multiple efforts by the enemy in this regard, and unfortunately, many sisters have fallen for foreign deception and will be incited to pursue these sinister goals. Non-compliance with Islamic hijab in the present circumstances initially raises the question for the judges as to whether the actor has committed this act merely out of emotion, or whether it was, in fact, a deliberate act with a previous intention and for the purpose of encouraging others of the same gender to engage in similar actions. This issue has created differences of opinion among judges, especially resulting in contradictory rulings Regardless of the validity of the reasoning of either proponents of the two viewpoints, it seems that in choosing the type of punishment and, consequently, determining the penalty, the prevailing conditions in the country should also be taken into account, and making an absolute decision in this matter appears inappropriate.