نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
There have been many studies onsexual crimes, but there has been nostudy on sexual crimes of neutral and transgender individuals.Therefore, this study is a descriptive and analytical studyin response to thequestion of what is the punishment for neutral and transgender sexual crimes inImami jurisprudence,Iranian law,and Egyptian law?Therefore, byusing content analysis methods and logical inference from library sources, some results have been reached. According to the rules and regulations ofIranian law andImami jurisprudence,transgender and non-problematic neutral individuals are subject tohadd punishments if they commit sexual crimes, but if a problematic neutral commits the same crimes, they are not entitled to hadd. Because due to the doubt about whether the penis is the original or an appendage, the hadd is removed from them, and here the rule of Dara is to remove their criminal responsibility. However, they are entitled to ta'zir because of their forbidden work. Also, any person who hasa sexual disorder andcommits crimes such as sodomy, sexual intercourse, masturbation, etc.is entitled to ta’zir, and the judge determines the amount and type of punishment.This iswhile in Egyptian criminal law,neutral and transgender people are considered healthy and normal people, and their punishment is determined according towhether thecrime is public or not.Therefore, thepunishment that the legislator canimpose on them islife imprisonment withhard labor,one-year imprisonment, ora fine.In fact, theEgyptian legislator hasbenefited from French andcommon law laws withrespect tosexual crimes, andhas imposed simple andlimited punishments withrespect t moral corruption, andpunishments such asexecution andflogging arenot seen in it, which arespecific to Islamic jurisprudence and Iranian law.
کلیدواژهها English