The bill related to hijab and chastity should be revised – Mehr news agency Iran and world’s news
According to the reporter of Mehr, an elite press conference criticizing the chastity and hijab bill with the presence of Mohammad Sadegh Kushki, a university professor, Firoz Aslani, director of the public law department of the Faculty of Political Law, Tehran University, and Mohammad Mahdi Tavakoli, a lawyer and professor at the Moroz university held.
Sadegh Koshki stated in this ceremony: If anyone wants to see where the problems of the chastity and hijab bill are, they should read the introduction.
He added: “The police force and the Ministry of Interior had some points about this bill, there is a lot of criticism and the bill must be amended.”
The chastity and hijab bill should be revised from scratch
Koshki said: We can see in the introduction of the bill that there are many problems. The bill is completely ruined and the bill should be revised from scratch. There is no mention of Sharia in the introduction and its basis is secular. By removing the word Islamic system, this bill can be written in French. What is not stated in the bill is that hijab is God’s decree and hijab is the consensus of Shia and Sunni jurists.
Stating that this bill has many legal details, this university professor said: What is the legal norm in terms of jurisprudence and law is not specified in this bill. If someone does not observe the Islamic hijab, the limit is clear in Islam. The second is the lack of tavarj. In this bill, what is the limit of veiling? If, for example, a woman wears a baseball cap, has she discovered hijab?
He said: In this bill, the legislator is talking about a phenomenon under the title of violation, the limits of which are not known. If the meaning is to discover the sharia hijab, you should write the non-observance of the sharia hijab as in Article 638, but nothing like that is written here, I am not saying that this is a smart issue, but an ambiguous word has been written that can be interpreted in a thousand ways, or so to speak, a thousand He went under the blue.
Kushki said: God willing, this will not be the case, otherwise some women will say, for example, that I put on a baseball cap or tied a handkerchief, and this means hijab. Anyway, the vague thing in the law means that the law is not going to be implemented.
This university professor pointed out: The ruling spirit in Islamic law regarding sexual crimes is not fully seen in the bill, and it is completely counter-acted, which has no deterrent, and in this bill, it is stated that if a person commits a violation once, a warning and a text message and so on. If it is repeated, it will be fined, and in the fourth and more times it will be presented to the court and fined. Now we assume that the police cameras like eagles in every alley will immediately identify the person in a fraction of a second and a text message will be sent, which in fact This is not the case, therefore it is impossible to implement this law, which means, for example, someone says when will I come to your house for dinner and the person answers “Saturday” which means never.
This university professor said: “Isn’t everywhere in the country covered by cameras, and for example, everyone has a video record in the police archive? Maybe in ten years, this camera coverage will not be 100% complete. Now in this bill, they say that whether four times or several thousand times, anyway. A fine is considered for discovering the hijab, and is this a deterrent?
In punishment, Islam thinks about punishment and deterrence
Referring to the need to enforce laws, he said: “In Tehran, we have boarding houses for dogs, and people spend 5 to 10 million tomans a month to keep their dogs, and some even buy jewelry for 140 million tomans for it. Now you expect fines.” 2 to 5 million tomans to discover the hijab, will the problem be solved?! You see, the perception of the society is that if the government cared about the issue of hijab, it would not make the fine subject to the payment of money.
Referring to what legal provisions this bill will be compared with if approved, he said: According to Article 543, if a person’s shop or place of business is sealed by the legislator and the person himself seals it, he will be sentenced to 6 to 1 year in prison. Or, according to Article 720, whoever tampers with the license plate of a vehicle, the punishment is three to two months in prison, but in this bill it is stated that if you violate God’s decree even a thousand times, if you pay for it, the problem will be solved, and the society says that the Islamic Republic He has not enough money and wants to monetize the hijab issue like the traffic plan.
He continued by pointing out that in the discussion of punishment, Islam first seeks to punish the individual, that is, to make the individual aware of his wrongdoing, and the second goal is deterrence, if the offense is an individual, the punishment that is considered in Islam for some sins has a shari’a limit. Some expiation is when it is between the person and God, for example, someone fasts at home and no one sees it, his work has no social dimension and he must pay expiation, but if this person fasts in public, even if he is a traveler, the punishment is intensified. It is possible that the act of sin is the same, only the place has changed and it has no social burden at home. Also, if, for example, a person drinks in public, there is a clear and Shariah limit on where a sin can be committed, the punishment may be different, and in Islam, heavy punishment is considered for social issues.
He said: From the eyes of God and the Holy Law, some sins, even if they are very extensive, do not have a greater punishment, for example, if someone kills someone unjustly and if he is a murderer, the punishment is retribution. Even if he kills several thousand people, the punishment is still death, and one person cannot be executed three times, even if a person is sentenced to death 3 thousand times, he will still be executed once.
Koshki said: But God has assumed the above-mentioned punishment for one category of sins, those are the sins that are committed in public, and the above-mentioned punishment is the punishment related to public chastity and sexual sins of this category. If someone has the cursed flag of the rainbow and enters a group because a social crime has been committed and there are witnesses in between and commits a violation of modesty, the punishment is to be thrown from a mountain, burned alive or placed next to a wall and a wall over the head. It is destruction, while if one person bombs and kills 10,000 people, the death penalty will be shot or hanged.
He clarified: The punishment for acts against public modesty and illicit relationships is severe, or for example, stoning, and the most severe death that can exist is considered. Death by stoning may take two hours. Now the question arises why the religion has so severe, painful and even disgusting punishment for these subjects.
He added: Behaviors against public modesty and sexual sins are punished with the purpose of deterring people and not punishment. God says that modesty and chastity are so important to me that the most severe punishment in Islam regarding sexual issues is chastity and modesty.
Pointing out that these issues are the spirit of Shia jurisprudence, and as far as I know, the Sunnis have something in common with us in this field, he said: The law that goes back to the area of chastity, hijab, modesty, public modesty, and sexual issues is according to Shia jurisprudence. It should be a deterrent, that is, so that a person does not dare to do it.
Koshki said: The punishment for non-implementation of the law in the first stage of SMS issuance and in the second and third stages and above is a fine. Let’s assume that police cameras identify people in a fraction of a second and send text messages. Are all parts of the country covered by police cameras? Are there pictures of all people in the police archive?
He stated: Despite all this, even if the cameras identify the face of the offender ten thousand times, only the person will be punished with a fine. These cases are obviously not a deterrent.
This university professor said: Finally, this bill is the article of one hundred municipalities, which practically has a place to buy violations, and for this reason, violations occur thousands of times. Even today, many women who discover hijab are from the wealthy class and easily pay the fines.
Koshki further said: There is a boarding house for dogs in Tehran, and some people keep their dogs in this boarding house with a huge monthly fee, and it is clear that paying 3 and 5 million for not wearing hijab is insignificant for them.
Some say that they have asked for money for the hijab, like the traffic plan
He continued: Some people say that they have asked for money for the hijab, like the traffic plan, and whoever has money can travel without a hijab.
The bill would eliminate police authority
Koshki said: This bill also destroys the authority of the police, because the only factor in dealing with non-hijabs is the camera, and all the people present in the place should not interfere in the issue of hijab, and the police should not interfere in the issue of hijab at all.
He added: When people see that a fine is the only punishment for this violation, they feel that this violation is not so important for the system, that only the penalty is a fine.
Warning about the normalization and decriminalization of wearing hijab
This critic of the Hijab and Chastity Bill said: I don’t want to say that the authors of this bill acted like this intentionally, but if this bill is passed, it will lead to the normalization and decriminalization of the hijab discovery, and the discovery of the hijab will be seen as a normal occurrence and even banned from the park. It is less and people think that the authorities passed this law only to generate income.
Koshki said: My question to the judicial system is that you were not afraid of your reputation when you approved this bill?! Why should it be announced that you will be banned from internet shopping for two months? It is clear that this is not a deterrent. Or, for example, are you going to block the offending person’s page on the social network based on this bill? Anyway, you can work in Telegram with any identity. Have you come from the Cave of the Companions of the Cave and have given a bill?
He said: Is Instagram legal? In which part of the bill is the penalty for promoting nakedness? What is the punishment for making fun of people wearing hijab? Does this really mean protection from hijab?
He stated: Among other legal loopholes is that a certain food company advertises by sexually abusing women and is fined according to the women’s law, but the company is not fined?
No one should dare to harm the health of society
Koshki said: “Discovering the hijab endangers the health of the society, so the punishments should be such that no one dares to harm the health of the society.”
Referring to the limitations, he said: “Faraja does not have the force, and the IRGC, Basij, etc. must cooperate.” Confiscation of passports, confiscation of certificates and deprivation of social facilities are deterrents. Prison is not the place for these people. They should be denied services.
Koshki said: The judiciary does not hesitate to implement Article 638 of the Islamic Penal Code. According to the written law, a person must be punished, but if the judiciary does not fulfill its duty, it has abandoned its action and is not punished. This is a serious defect of the parliament and the judiciary. People have a question, what should be done if the Qaghagh faculty does not perform its duty?
Ali Kihanian, Secretary General of the Supporters of the Islamic Revolution Jamiat also pointed out that in this bill there is a clear trace of influence in the determination of values, and said: In the Chastity and Hijab Bill, they have given wrong advice to friends and the bill needs to be revised. has it.
He pointed to last year’s riots and said: We talked to many students and they said that the teachers themselves encouraged us to riot and said to stand against the system. Students do not present, it is not ineffective in this matter and supervision is needed.
Kihanian noted: Another scenario of the recent events is the recruitment of 29,000 primary teachers and their entry into education without religious selection, because this selection was left to the private sector and a woman who did not believe in Islamic principles. Therefore, all these issues should be monitored and examined together.