The components of the desirable law of chastity and hijab

According to Fars news agency, Reza Bakshlo, a researcher in the field of legislation, wrote in a note about the components of the ideal law of chastity and hijab: The legal obligation to observe the sharia hijab has been sought since the very first days after the victory of the Islamic revolution and following the fulfillment of the wishes of Imam Rahel (RA). And after some time it is reflected in the text of the official laws of the country. The approvals of the official and legal institutions of the country – such as the Supreme Council of the Cultural Revolution and the Islamic Council – can be divided into two general categories. The first category is the provisions of the law that emphasize the necessity of positive work in the field of hijab and chastity and have assigned tasks and duties to various institutions of the country.

The second category is the criminalization of non-observance of Islamic hijab, the most important example of which is the note of Article (638) of the fifth book of the Islamic Penal Code. Unfortunately, both categories of legal provisions have not fulfilled the purpose and each of them has not been able to achieve the respective goals for some reasons.

Although the pathology of why the objectives of the mentioned laws are not achieved requires a detailed discussion and is not possible in this brief, but considering the presentation of the Chastity and Hijab bill and the consensus of the three powers regarding the need to amend the laws related to chastity and hijab, it seems necessary to some The most important components of the optimal law in this area should be mentioned:

1. Pay attention to the negative and positive aspects of legislation

Cultural legislation has negative and positive aspects. The meaning of the positive dimensions is the activity in the direction of strengthening the official culture of the society, which takes place through institutions, elites, education, media and cultural exchange. Designing incentive and guidance mechanisms (mechanisms), determining transcendental values ​​and trying to move the society towards those values, removing obstacles to achieving transcendental values ​​and preparing the necessary platform for the realization of society’s values ​​are examples of the positive dimensions of legislation. Of course, it is clear that the effectiveness of cultural activities depends on special attention in the executive and operational stages, and predicting legal duties can be considered as an initial step in this field. Basically, the use of the positive dimensions of cultural legislation is the first compared to its negative dimensions. However, the priority of using the positive dimensions of cultural legislation does not mean that the use of negative dimensions of legislation is excluded.

2. Determining precise and clear duties for the executive bodies of the country

Determining the legal duty for different institutions of the country is one of the most common and of course the most problematic way of legislation in the current state of the country’s legislative system. According to paragraph (9) of the general legislative policies, the law must be transparent and measurable. Determining the tasks of the country’s institutions with general titles without determining the schedule and without determining the implementation steps is a method that has been followed in this field so far and its ineffectiveness has been clarified. Determining the tasks of the devices should be concrete, clear and transparent, with a logical schedule and details, so that it can be fulfilled using monitoring tools.

3. Rational and balanced use of today’s technologies

The use of new tools to fight lawlessness is not the first time, nor is it limited to the hijab. The use of city-wide cameras to deal with traffic violations and other crimes – including crimes related to national security – has been popular in the country for a long time, and due to the accuracy of these tools and the recording of records of crimes and violations, there are many merits. had. It is natural that the use of these tools is recommended by observing the considerations related to the issue of hijab, but the exclusive use of these tools is not logical and may be considered a step back. Just as the use of all kinds of methods has been accepted in the face of other crimes and violations, the face of lawlessness in the field of chastity should also be pursued using all available tools.

4. Attention to the role of “people” in ensuring the moral health of the society

One of the most important tasks of the religious government is to facilitate the implementation of religious orders. Enjoining good and forbidding evil as two of the most important examples of branches of religion should not be neglected by the legislator. It is clear that this religious duty is not specific to the issue of hijab, and perhaps that is the reason why there is an independent law under the title of protecting those who command good and those who forbid evil in the Iranian legal system, but the new law in the field of chastity and hijab cannot ignore This forgotten obligation should be aimed at solving the problem. The People’s Government and the Revolutionary Assembly, who believe in “popularization” and “people-centeredness”, should pay attention to the fact that fake solutions do not replace real solutions. This problem cannot be solved without the presence and support of the “people”. Therefore, the design of rational mechanisms for the role of the general public in protecting and protecting the moral health of the society by observing the level of public order and its Shariah requirements should be considered in the new law on chastity and hijab.

5. Establishing different rulings for different purposes of removing hijab

It is necessary to provide an optimal solution to the existing problem, to know the exact nature and causes of the problem. It is clear that today the discovery of the hijab in Iranian society has many causes that involve a wide range of political factors to cultural factors. Equalizing all types of hijab removal in the text of the law is a form of simplistic thinking in the legislative position. It is necessary to consider different rules for removing the hijab with political and subversive purposes and removing the hijab due to simplicity and lack of information.

6. Separation between different types of non-observance of Islamic hijab

It is clear that the Islamic Republic of Iran, as a school system, cannot recognize any other form of covering other than the Shariah limit of hijab, but determining the same guarantee of implementation for non-observance of the Shariah hijab – face and shroud – and the use of half-naked and body-revealing clothes is also logical. is not. The new law should take into consideration the issue of guaranteeing proportional implementation for different assumptions of veiling. Perhaps the most important problem in the note of Article (638) of the fifth book of the Islamic Penal Code is that it considers the issue of non-observance of the Islamic hijab quite simple.

7. Determining the deterrent implementation guarantee for the most effective lawbreakers

One of the most important requirements of drafting the new law is to consider the guarantee of appropriate implementation for those who promote lawlessness by using the virtual space or by using their social capacities. If the new law cannot be a deterrent to this group of people, its approval will not cure the pain. Determining the appropriate implementation guarantee for this category of people is considered one of the necessities of the new law.

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