Document Type : Research

Authors

• Mahdi Mohammadzadeh ¹
• Morteza Hajialikhamseh ²
• Bashir Eisazadeh ³

¹ PhD in Private Law, Faculty of Islamic Science and Law, Imam Sadiq University, Tehran, Iran

² PhD in Public Law, Faculty of Law and Political Science, Tehran University, Tehran, Iran

³ MA Student in Criminal Law, Faculty of Islamic Science and Law, Imam Sadiq University, Tehran, Iran

Abstract

After a decade of drafting the bill "Dignity and Protection of Women against Violence", the bill is on the agenda of the Islamic Consultative Assembly (Iranian Parliament). This article considers "a critique of the bill from the standpoint of principles and rules of legislation" as its main mission. The analysis method is descriptive-analytical. This article focuses on the legislative policies as a view of the desired quality of legislation in the Iranian legal system. The results of the article show that the bill is not very defensible in terms of adherence to the principles of legislation. Non-observance of depuration principles, confusion of the status of law and legal document, excessive use of criminal tools, and ambiguity in some concepts and titles are the most important of these criticisms. The provisions of the bill have been drafted ignoring the requirements of upstream national documents and without considering the requirements of the hierarchy of norms of the Iranian legal system. It seems that if approved, the bill will result in the implementation of a cultural disorder and the induction of a critical situation of violence in Iranian society and an increase in international attacks.

Keywords

• Violence
• Violence against Women
• Feminism
• Legislative Policies
• Principles of Legislation

Main Subjects

• Jurisprudence and Law