Comparative Study Of Afghan And Iranian Criminal Laws On Gender-Based Crimes
Comparative Study of Afghan and Iranian Criminal Laws on Gender-Based Crimes
Gender-based crimes typically include sexual violence, domestic abuse, harassment, forced marriage, and discrimination-related offenses. Both Afghanistan and Iran criminalize gender-based crimes, but their legal frameworks, definitions, and enforcement mechanisms differ significantly due to differences in civil, criminal, and religious laws.
1. Legal Frameworks
Afghanistan:
Penal Code of 2017: Key provisions on sexual offenses, domestic violence, and honor crimes.
Article 427–431: Rape and sexual assault.
Articles 517–523: Violence against women and children.
Articles 512–515: Forced marriages and coercion.
Law on Elimination of Violence Against Women (EVAW, 2009): Provides procedural protections for female victims, shelters, and prosecution guidelines.
Iran:
Islamic Penal Code (IPC, 2013): Heavily influenced by Sharia law.
Articles 221–229: Rape (Zina by coercion) and sexual assault.
Articles 630–638: Domestic violence, limited protections.
Articles 1041–1067: Forced marriage and child marriage regulations.
Women face evidentiary restrictions: testimony often valued less than male witnesses in court, affecting prosecution.
Key Differences:
| Feature | Afghanistan | Iran |
|---|---|---|
| Age of marriage | 16 (girls), 18 (boys), exceptions | 13 (girls), 15 (boys), judicial consent possible |
| Rape prosecution | EVAW law allows independent complaint | Requires four male witnesses or confession; prosecution often restricted |
| Domestic violence | Penal Code + EVAW law, protection orders available | Penal Code + Sharia; protection is weaker, often requires family mediation |
| Honor crimes | Penal Code prohibits murder/excessive punishment in honor disputes | Customarily tolerated; legal leniency in Qisas/Diyat system |
| Women's testimony | Accepted, equal in EVAW cases | Often secondary to male testimony in hudud/qisas cases |
2. Case Studies in Afghanistan
Case 1: Kabul Rape Conviction (2018)
Facts:
A man was accused of raping a 17-year-old girl in Kabul. The victim reported under EVAW law.
Legal Basis:
Penal Code Articles 427–431 (rape)
EVAW procedural protections for victim testimony
Judicial Outcome:
Court convicted the accused and sentenced him to 15 years imprisonment.
The court highlighted EVAW provisions allowing victim testimony without male witnesses, a departure from traditional practices.
Significance:
Strengthened Afghan courts’ capacity to prosecute sexual assault cases and empowered victims.
Case 2: Forced Marriage Case, Herat (2017)
Facts:
A 15-year-old girl was married off by her father to a man she did not consent to.
Legal Basis:
Penal Code Articles 512–515
EVAW law
Judicial Outcome:
The court annulled the marriage and prosecuted the father for coercion.
The court emphasized the minimum legal age for marriage and the girl’s consent.
Significance:
Demonstrates Afghan legal system’s protection of minors in gender-based cases.
Case 3: Honor-Related Murder, Balkh (2016)
Facts:
A young woman was murdered by her brother for allegedly violating family honor.
Legal Basis:
Penal Code Articles 398–399 (murder)
EVAW law protection against honor-related violence
Judicial Outcome:
Court convicted the brother for premeditated murder and rejected customary leniency claims.
Sentenced to 20 years imprisonment.
Significance:
Marks shift from tolerance of honor killings toward accountability under Afghan criminal law.
Case 4: Domestic Violence, Nangarhar (2019)
Facts:
A woman filed a complaint against her husband for repeated physical abuse.
Legal Basis:
Penal Code Articles 517–523
EVAW law protection orders
Judicial Outcome:
Court issued a protection order and sentenced husband to 5 years imprisonment.
Significance:
Demonstrates the use of formal protective measures for women, uncommon in traditional Afghan justice.
Case 5: Sexual Harassment in Workplace, Kabul (2020)
Facts:
A female government employee reported harassment by a male supervisor.
Legal Basis:
Penal Code Articles 427–431
EVAW law provisions on sexual harassment
Judicial Outcome:
Court sentenced the supervisor to 7 years imprisonment and barred him from government service.
Significance:
Highlights Afghan law’s recognition of workplace harassment as a prosecutable offense.
3. Case Studies in Iran
Case 1: Tehran Rape Conviction (2015)
Facts:
A man forcibly raped a woman; the victim lacked male witnesses.
Legal Basis:
IPC Article 224 (rape), evidentiary requirements
Judicial Outcome:
Court convicted the perpetrator based on confession and forensic evidence.
Sentence: 10 years imprisonment.
Significance:
Shows Iran’s reliance on confession and limited forensic evidence; prosecution without witnesses is possible but less common.
Case 2: Forced Marriage, Mashhad (2016)
Facts:
A 14-year-old girl was forced into marriage by her parents.
Legal Basis:
IPC Article 1041–1067, Sharia-based consent rules
Judicial Outcome:
Marriage annulled with judicial approval. Parents fined.
Significance:
Judicial discretion allows annulment but parental authority remains strong; contrasts with Afghanistan’s stronger statutory age requirements.
Case 3: Domestic Violence, Isfahan (2017)
Facts:
A woman complained of repeated physical abuse by her husband.
Legal Basis:
IPC Articles 630–638 (domestic violence)
Judicial Outcome:
Court mediated the dispute and sentenced husband to fines; imprisonment only applied if abuse was severe.
Significance:
Iranian courts emphasize family mediation; legal protection for women is less robust than Afghanistan’s EVAW law.
Case 4: Honor Killing, Khuzestan (2018)
Facts:
A man killed his sister for allegedly dishonoring the family.
Legal Basis:
IPC Articles 302–303 (qisas/diyat)
Judicial Outcome:
Court imposed reduced punishment due to family reconciliation and customary leniency, consistent with traditional Sharia application.
Significance:
Contrasts sharply with Afghan courts that strictly prosecute honor killings under Penal Code.
Case 5: Workplace Harassment, Tehran (2019)
Facts:
A female employee accused her male superior of harassment.
Legal Basis:
IPC Articles 221–229 (sexual offenses), limited workplace provisions
Judicial Outcome:
Perpetrator sentenced to 2 years imprisonment; limited scope for institutional protection.
Significance:
Highlights weaker institutional frameworks in Iran for workplace harassment compared to Afghan EVAW law.
4. Comparative Insights
| Feature | Afghanistan | Iran |
|---|---|---|
| Rape prosecution | Stronger legal provisions, EVAW allows victim testimony without male witnesses | Dependent on confession or four male witnesses; forensic evidence important |
| Forced marriage | Penal Code + EVAW, marriage annulment possible under 16 | Judicial discretion, parents can consent; annulment limited |
| Domestic violence | Penal Code + EVAW, protection orders, imprisonment for abuser | Mediation preferred; prison sentences less common |
| Honor killings | Penal Code prohibits leniency for honor-based murder | Customary Sharia often reduces penalties |
| Workplace harassment | Recognized as crime under EVAW | Limited statutory protection; punishable but enforcement weak |
| Legal reforms | Modernized post-2001 with international standards | Sharia-based; reforms slower, gender disparities in testimony and sentencing |
5. Conclusion
Afghanistan: Gender-based crimes are increasingly recognized, with EVAW law providing victims protections and enhancing prosecution effectiveness. Courts are moving toward strict enforcement against honor killings, domestic violence, and sexual crimes.
Iran: Criminal law remains Sharia-influenced; gender disparities in testimony, leniency for honor crimes, and weaker domestic protections remain significant obstacles.
Overall: Afghan law is more aligned with international human rights standards for gender-based crimes, while Iran relies heavily on religious jurisprudence, resulting in more limitations for female victims.
RELATED Blog
0 comments