Research and development in criminal law and criminology

Research and development in criminal law and criminology

"This" Is Not a Law: A Legal-Philosophical Reflection on the Chastity and Hijab Resolution

Document Type : Original Article

Author
Hossein Gholami
Professor, Department of Criminal Law and Criminology, Allameh Tabatabaei University, Tehran, Iran
10.22034/jclc.2025.2051421.1154
Abstract
This paper examines whether the approved text referred to as the “Law on Supporting Families Through Promoting the Culture of Chastity and Hijab” can be considered a legitimate law. A "law," before being formally approved by representatives of the people or by the people themselves, must possess certain substantive conditions and characteristics; without these, it fails to qualify as a true law. In various political systems, legislative authority is often vested in parliaments or legislative assemblies, which are integral components of governance. The type and nature of a political system affect not only the formation and establishment of these entities but also influence the decisions made by various branches, including the parliament. Thus, the political system's nature serves as a fundamental criterion in evaluating the decisions and actions of these bodies. In Iran, the republican aspect of the political system has both substantive and formal implications for legislation and legislative processes. Observing the requirements and outcomes of this principle is essential within the legislative framework. Consequently, not every text approved by legislative bodies can universally be considered a law. This paper addresses these points, combining theoretical foundations with an analysis of the approval process, as well as the content and nature of the aforementioned resolution passed by the Islamic Consultative Assembly (Majlis).
Keywords
Republicanism
Freedom
Real Law
Formal Law
Comprehensive Authoritarian Criminal Policy
Subjects

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Research and development in criminal law and criminology
Volume 1, Issue 2 - Serial Number 2
March 2025
Pages 305-332