Legislative Approach, Challenges, and Solutions for the Use of Alternative Sanctions to Imprisonment for Female Heads of Household

Authors

    Leila Mehrabirad PhD Student , Department of Fiqh and Law, Faculty of Theology, University of Sistan and Baluchistan, Zahedan, Iran
    Amirhamzeh Salarzaei * Professor, Department of Fiqh and Fundamentals of Islamic Law, Faculty of Theology, University of Sistan and Baluchistan, Zahedan, Iran Amir_hsalar@theo.usb.ac.ir
    Ali Tavallaei Associate Professor, Department of Jurisprudence and Law, Faculty of Theology, Yazd University, Yazd, Iran.
https://doi.org/10.61838/

Keywords:

alternative punishments of imprisonment , female heads of the household

Abstract

The use of imprisonment as a punishment for female heads of household is among the difficulties faced by this category of women, which has significant negative effects on both them and their dependents. This makes the use of alternative sanctions to imprisonment for female heads of household a necessity. Accordingly, the present article aims to examine the legislative approach to the use of alternative sanctions to imprisonment for female heads of household, the existing challenges, and the solutions in this regard. This article is descriptive-analytical and uses the library method to examine the mentioned subject. The findings indicate that there are no specific laws regarding alternative sanctions for women in general and for female heads of household in particular. Legislators should consider alternative sanctions to imprisonment for female heads of household due to their supervisory role in the family; however, this important issue has been overlooked by the drafters of the bills on social alternative sanctions to imprisonment. The neglect of the caregiving responsibilities of female heads of household, lack of attention to scheduling requirements, dominance of a male-centric approach, lack of implementation mechanisms, lower conviction rates of women to alternative sanctions to imprisonment, workload, and time constraints are among the most significant challenges in using alternative sanctions to imprisonment for female heads of household. Warning, fines, deferred judgment, and compensation to the victim are among the most important solutions to address the challenges of using alternative sanctions to imprisonment for female heads of household.

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Published

2025-03-25

Submitted

2025-02-14

Revised

2025-03-03

Accepted

2025-03-18

Issue

Section

مقالات

How to Cite

Legislative Approach, Challenges, and Solutions for the Use of Alternative Sanctions to Imprisonment for Female Heads of Household. (2025). Comparative Studies in Jurisprudence, Law, and Politics, 173-188. https://doi.org/10.61838/

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